Majority
p. 817In the Matter of the Application of Kram Construction Co., Inc., Appellant, for a Peremptory Mandamus Order against Albert E. Kleinert, as Superintendent of Bureau of Buildings, Borough of Brooklyn, etc., Respondent.
Order modified so as to grant an alternative mandamus order, and as so modified affirmed, without costs. Whether the superintendent of buildings was authorized to revoke the permit may be determined only after a decision of the disputed question as to whether or not a material false statement or representation was made at the time the permit was originally issued. Lazansky, P. J., Kapper, Hagarty, Seeger and Carswell, JJ., concur.