Action remitted to Special Term to hear and report on the question of plaintiff's residence and appeal held in abeyance in the interim. In our opinion the question of whether plaintiff-respondent has a bona fide residence in Kings County, in addition to his unquestioned residence in Westchester County, is a factual one which cannot be resolved on the papers submitted on this motion. The statement by plaintiff that "I also maintain a residence at 941 East 23rd Street in Brooklyn...
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