Ordered that the judgment is reversed, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a hearing and new determination.
The Supreme Court, Westchester County, improperly dismissed this proceeding without first conducting a hearing. The affidavits submitted raised various triable and disputed factual issues which require a hearing in order to be resolved (CPLR 7804 [h]; see also, Matter of Murphy v...
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