Opinion
July, 1930.
Order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion for a mandatory injunction denied, with ten dollars costs. It is our opinion that the pleadings present material issues of fact which should be tried and which cannot properly be disposed of on motion by affidavit. Lazansky, P.J., Rich, Young, Scudder and Tompkins, JJ., concur.