Citation Numbers: 203 A.D. 878
Filed Date: 10/15/1922
Status: Precedential
Modified Date: 10/27/2024
Action upon the submission dismissed, without costs. Held, that contrary inferences may be drawn from the statements contained in the submission and that questions of fact arise thereon, and under such circumstances the court is without jurisdiction to determine the legal questions. (Civ. Prac. Act, § 546; Marx v. Brogan, 188 N. Y. 431; Lee v. Taylor, 186 App. Div. 199.) All concur.