Order-judgment reversed, on the law, without costs, and case remanded to the Special Term for a hearing and a new determination.
In view of the issues of fact present on the face of the submitted affidavits, it was an improvident exercise of discretion for Special Term to grant plaintiff summary judgment. The issues to be considered are (1) whether plaintiff's delay in making her motion was justified, (2) whether plaintiff's relatives' support of the parties' infant...
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