Appellate Division of the Supreme Court of the State of New York May 30, 1995 (Beacham v. Brown)

Order, Supreme Court New York County (Stuart Cohen, J.), entered November 21, 1991, which set this matter down for a trial pursuant CPLR 7804 (h) to resolve factual issues, unanimously reversed, on the law and the facts, the order and judgment (one paper) of the same court (Nelson H. Cosgrove, J.