Kelly v. Stanley Realty Corp. , 234 A.D. 882 ( 1931 )

Order denying motion to vacate service of summons and to dismiss complaint for lack of jurisdiction affirmed, with ten dollars costs and disbursements. Controverted questions of fact as to the nature of employment must be determined on the trial and not on affidavits. Lazansky, P. J., Hagarty, Carswell, Scudder and Davis, JJ., concur.