Order reversed, with costs to abide the event of the remission (here directed) and the determination thereon; judgment reinstated; and motion remitted to the Special Term for the purpose of: (a) holding a hearing with respect to the scope of authority of the person who was served with the process herein; and (b) making a determination de novo on the basis of all the proof adduced including the affidavits.
Pending such hearing and determination, the judgment...
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