Order modified by striking therefrom the third, fourth and fifth ordering paragraphs, and matter remitted to the Special Term to hear and determine the questions of fact and law hereinafter set forth. As so modified, order affirmed, with costs to abide the event.
In our opinion, the present papers on appeal do not adequately supply (except by way of hearsay) the facts requisite for the determination of respondent's liability, if any there be, for the destruction of...
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