Order entered September 11, 1958 modified by striking therefrom the ordering paragraph and by substituting therefor provisions that the order entered August 20, 1958 be vacated and that the motion for resettlement be dismissed. As so modified, order entered September 11, 1958 unanimously affirmed, with costs to abide the event, and proceeding remitted to the Special Term for a trial of the issues of fact, in accordance with section 1295 of the Civil Practice Act, as to the...
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