Majority
p. 805Richard J. Shippey, Appellant, v. William Berkey, Respondent. Richard J. Shippey, as Administrator of the Estate of Carol A. Shippey, Deceased, Appellant, v. William Berkey, Respondent.
Order of this court, entered June 19, 1957, is resettled and amended by adding the following: The hearing directed by our decision in this ease should be held before the Special Term but the court does not undertake to say whether the Special Term should employ a jury, refer it to a referee or hear the proof itself. The hearing may be brought on by notice by the moving party at a Special Term selected by him in accordance with the rules. Present—Foster, P. J., Bergan, Coon, Halpern and Gibson, JJ. [See ante, p. 739.]