Order reversed, on the law, without costs, and proceeding remitted to the Special Term for a hearing, in accordance with the views set forth below, and a new determination.
The questions of fact have not been considered. We are of the opinion that triable issues of fact are presented on the questions of whether a hit and run accident occurred and whether notification was given to the Police Department within 24 hours. We express no opinion as to the merits of the...
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