Opinion
June 13, 1949.
In a proceeding pursuant to article 78 of the Civil Practice Act, order directing appellant to restore telephone service and equipment to petitioners reversed on the law, with $10 costs and disbursements, and the matter remitted to Special Term for hearing and determination upon the issues of fact raised by the pleadings and supporting affidavits. Questions of fact were raised by the answer which required a trial, and should not have been summarily disposed of. Carswell, Acting P.J., Johnston, Adel, Sneed and Wenzel, JJ., concur. [ 192 Misc. 671.]