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GIANNELLI v. CHALLENGE MACH. CO.

30 A.D.2d 809 (1968)

Edward E. Giannelli, Appellant, v. Challenge Machinery Co., Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 1, 1968

Reversed, on the law and in the exercise of discretion, without costs, and motion remitted to Special Term for the purpose of conducting a trial of the issues raised on the motion (CPLR 3211, subd. [c]).

In our opinion, a trial should be held herein in order that, after the disclosure of all relevant facts affecting the court's jurisdiction under CPLR 302, Special Term may determine plaintiff's

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