MATTER OF HAMILTON v. Monaghan

*879Order affirmed, upon the ground that the Appellate Division had power to direct that the facts be tried out instead of being decided on conflicting and incomplete allegations of affidavits. We pass upon no other questions. The question certified on appellant-respondent’s appeal is answered in the affirmative. The question certified on respondent-appellant’s appeal is answered in the negative. No opinion.

Concur: Desmond, Dye, Fuld and Van Voorhis, JJ. Conway, Ch. J., dissents in the following opinion in which Froessel, J., concurs. Taking no- part: Burke, J.