Opinion
January 24, 1947.
Present — Martin, P.J., Glennon, Dore, Callahan and Peck, JJ.
Order unanimously modified, without costs, by striking out the vacatur of the interlocutory judgment and the decretal discontinuing the action, and by referring all issues of fact to an official referee to take testimony and report to the court at Special Term with his opinion, final determination of the motion to be held in abeyance pending receipt of the official referee's report. Settle order on notice.