Majority
p. 840Collins Farm Corporation, Respondent, v. Jack Conant and Jack Conant, Doing Business under the Firm Name and Style of Acme Top Soil Company, Appellants.
Order enjoining defendants reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In view of the uneontradicted and unexplained allegations of the answering affidavits on the motion, we think there was an improper exercise of discretion in the granting of the motion by the Special Term. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.