Opinion
Argued June 10, 1930
Decided July 8, 1930
Appeal from the Supreme Court, Appellate Division, First Department.
Arthur J.W. Hilly, Corporation Counsel ( J. Joseph Lilly, Milton I. Hauser and Joseph T. Flynn of counsel), for appellants.
Harold J. Cloutman and William G. Fullen for respondent.
Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, on the ground mandamus is not the proper remedy; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.