In re Bittler

220 A.D. 832 | N.Y. App. Div. | 1927

Order reversed, with ten dollars costs and disbursements to the respondent, the motion for a peremptory mandamus order denied, and an alternative order of mandamus granted, upon the ground that the petitioner has not shown that he has a legal right to the peremptory order, and that the answering affidavits present questions of fact which can only be determined upon a trial. Settle order on notice. Present ■— Dowling, P. J., Merrell, Finch, MeAvoy and Proskauer, JJ.