Zorach v. Clauson

In a proceeding pursuant to article 78 of the Civil Practice Act, petitioners appeal from a final order dated June 23, 1950, which (1) denied petitioners’ motion for an order directing a trial in respect to issues of fact; (2) granted the motion of the intervener-respondent for a final order dismissing the proceedings on the merits on the ground that the petition failed to state facts sufficient to constitute a cause of action; (3) sustained the objections of respondents in point of law to the petition; and (4) denied petitioners’ application in all respects and dismissed their petition on…