Order reversed on the law, without costs, and matter remitted to the Special Term for a hearing on the merits and for further proceedings not inconsistent herewith.
Under all the circumstances we are of the opinion: (1) That due notice of the application, both personally and by service of a copy of the papers, was given to the individual respondents, Martone and Brown, within the time prescribed; and (2) that, in any event, by reason of their conduct, the said respondents...
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