Order entered August 24, 1961, unanimously reversed, on the law and the facts, without costs, and application remanded to Special Term, Part I, for rehearing at 2:00 P.M. on September 1, 1961. A new hearing is required because it does not appear that the parties had rested prior to the disposition and for the additional reason that sufficient opportunity was not afforded for the submission of testimony. Leave to appeal to the Court of Appeals denied. Motion to dispense with printing granted.
Concur — Botein, P.J., Breitel, McNally, Stevens and Eager, JJ.