Order, insofar as appealed from, affirmed, with $10 costs and disbursements.
In our opinion, triable issues of fact exist which cannot be determined on the basis of the conflicting affidavits submitted by the parties. We take note of the undesirable, if not improper, practice disclosed by the record on this appeal. It appears that this action was commenced in October, 1960 and that it first appeared on the Trial Calendar in September, 1961. It was set down for trial...
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