Judgment reversed, without costs or disbursements, and proceeding remitted to Trial Term for a hearing and new determination in accordance herewith.
Trial Term had two questions referred to it for determination. Upon receiving a concession on the issue of coverage, it made its determination on the issue of timeliness on the papers before it and without conducting an evidentiary hearing. This was error. Insofar as it appears on the present record, the court should...
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