Opinion
Argued October 5, 1937
Decided October 19, 1937
Appeal from the Supreme Court, Appellate Division, First Department.
Joseph K. Guerin and Saul S. Myers for appellant.
Louis J. Naftalison and Joseph A. Sarafite for respondents.
Orders reversed and motion denied, with costs in all courts, on the ground that the papers show a denial of jurisdictional facts which requires the denial of the motion for a peremptory order of mandamus. (See Matter of Durr v. Paragon Trading Corp., 270 N.Y. 464.) No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.