Order reversed, with $10 costs and disbursements, and matter remitted to the Special Term for further consideration not inconsistent herewith and for determination de novo: (a) either upon the affidavits which have been submitted and such other affidavits, if any, as the parties may be advised to submit; or (b) after a hearing, should the court deem one necessary.
A prior application by the plaintiff for relief similar to that sought here, with respect to arrears...
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