Order reversed on the law, with $50 costs and disbursements, respondent's motions denied, and appellant's motion for a final order dismissing the petition granted, with $50 costs.
In our opinion the defense of new matter contained in appellant's answer was sufficient in law to establish that his action in denying respondent's application for an operator's license was taken after an independent investigation of respondent's fitness, as provided in subdivision 5 of...
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