People v. Daniel , 170 N.Y.S.2d 979 ( 1958 )

Order unanimously reversed on the law and motion for summary judgment denied, without costs. Special Term referred the matter to the Official Referee to hear and determine, among other things, the title to the fund in dispute. This was an issue raised by the pleadings that must be determined by plenary action before the appellant can be directed to account.

Concur—Botein, P. J., Breitel, Rabin, MeNally and Stevens, JJ.