Order insofar as appealed from reversed on the facts as a matter of discretion, with $10 costs and disbursements, and motion granted, with $10 costs.
Memorandum:
Under the circumstances here presented, we think that, in the exercise of sound discretion, the motion of the respondents [appellants] to interpose a denial of the notice to admit the 30% ratio under section 292-a of the Tax Law should have been granted. Such ratio would be deemed admitted unless...
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