Opinion
May 4, 1945.
Present — Martin, P.J., Townley, Glennon, Untermyer and Dore, JJ.
The issues presented by the conflicting affidavits can best be determined after a hearing. Order appealed from modified by providing that the motion be granted to the extent of referring the matter to an official referee to hear the issues presented and report with his opinion to Special Term, and as so modified unanimously affirmed. Settle order on notice.