223 A.D. 869 | N.Y. App. Div. | 1928
The complaint alleges in terms that the action of the defendants was unreasonable and arbitrary. It moreover alleges a specific basis upon which the defendants predicated their conduct. We cannot say as a matter of law that this conduct was reasonable. Whether under all the circumstances of the case the defendants acted unreasonably and arbitrarily is a question of fact to be decided upon a trial. The order should, therefore, be affirmed, with ten dollars costs and disbursements, with leave to the defendants to answer within twenty