Opinion
The opinion
Order of Appellate Division reversed upon the authority of the Civil Practice Act (§ 562-a, subd. [3]) and matter remitted to the Appellate Division for determination on the merits, with costs to abide the event. No opinion.
Concur: Lottghran, Ch. J., Lewis, Desmond, Dye, Fuld and Froessel, JJ. Not sitting: Conway, J.
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