Order entered March 11, 1952, reversed on the law, with $10 costs and disbursements, and the matter remitted to the Special Term for determination on the merits.
In our opinion, the opposing affidavits raise issues of fact which require a hearing, either before the court or before an Official Referee to whom the matter may be referred, in the court's discretion, for hearing and report. However, the order of reference to an Official Referee to hear and determine was...
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