Order modified by striking from the ordering paragraph everything following the word "is" and by substituting therefor the words "referred to the trial court for determination". As so modified, order affirmed, without costs.
So far as appears from the record before us, respondent is seeking no affirmative relief, and the trial court, in our opinion, will be in a better position to determine the question presented than was the Special Term. It appears that a trial...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.