Judgment reversed, and order reversed insofar as appealed from, all without costs or disbursements, and case remanded to the Special Term for a hearing and a new determination in accordance herewith.
In view of the factual issues raised by the affidavits submitted on the motion for a judgment for arrears, it was improper for Special Term to grant defendant summary judgment. The issues to be considered are (1) whether plaintiff was at all times free to visit his children...
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