Kinsey Realty Co. v. Speidel

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.