Opinion
June, 1927.
Present — Dowling, P.J., Merrell, Finch, McAvoy and Proskauer, JJ.
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.