Order reversed, without costs, and stay granted pending trial and determination of the issue of the existence of a "hit and run" vehicle, for which purposes the proceeding is remitted to Special Term.
The allegations in the petition denying the existence of a "hit and run" vehicle in the accident in which respondent was injured are factual, based on a police accident report, and not insufficient as conclusory. Consequently, the proceeding must be remitted for trial...
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