MERIT OIL HEATING CORP. v. BOKAL REALTY CORP.


20 A.D.2d 550 (1963)

Merit Oil Heating Corp., Appellant, v. Bokal Realty Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 9, 1963


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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