In re Sprague Construction Co.

Order granting peremptory mandamus order reversed on the law and the facts, with costs, and motion denied without prejudice to the petitioner’s seeking to enforce his rights, if any, in an action. The petitioner did not establish a clear legal right to the relief sought and, therefore, the granting of *847a peremptory mandamus order was improvident. Lazansky, P. J., Kapper, Carswell, Scudder and Tompkins, JJ., concur.