¶1Order 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.
5 A.D.2d 809
People v. Daniel
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1958
Appellate Division of the Supreme Court of the State of New York · decided 1958-02-04
Decided 1958-02-04