Corcillo v. Mele , 286 N.Y.S.2d 1013 ( 1967 )

Order of the Supreme Court, Westchester County, dated August 28, 1967, reversed, without costs, and motion remanded to the Special Term for a hearing on the issues raised in the affidavits. In our opinion, the affidavits on the motion raised substantial issues of fact which could not properly be decided without a hearing. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, J J., concur.