I think this case is controlled by People ex rel. Bhumgara Co. v. Wells (93 App. Div. 212 ; affd., 179 N. Y. 529). There is nothing in the answer that denies the facts upon which the allegation of inequality is based, and a denial of the conclusion raises no issue.
I think, therefore, that this order should be affirmed.
Order reversed, with ten dollars costs and disbursements, and matter remitted to Special Term. Order filed.