Opinion
October 31, 1963
Appeal from the Chautauqua Special Term.
Present — Williams, P.J., Goldman, McClusky and Henry, JJ.
Order unanimously reversed, without costs of this appeal to any party and proceeding dismissed. Memorandum: There were questions of fact presented which required a plenary trial in a proper action. This dismissal is without prejudice to the right of any party to present the matter in an appropriate manner, if so advised.