Hudson-Harlem Valley Title & Mortgage Co. v. White

Defendants have appealed from an order of the Albany Special Term of the Supreme Court, entered in the office of the clerk of Albany county on November 25, 1938, denying their motions to dismiss the petition herein as insufficient.

The sole question before us on this appeal is the sufficiency of the petition.

Upon a former appeal this court held (251 App. Div. 1) that issues of fact were presented which required the issuance of an alternative order of mandamus. Thereafter both parties moved for permission to appeal to the Court of Appeals on certified questions. Defendants also moved for a…