Order, entered on or about December 5, 1966, in personal injury negligence action, denying defendant-appellant's motion for an order vacating his alleged default and for other relief, unanimously modified, on the law, the facts, and in the exercise of discretion, with $50 costs and disbursements to appellant, to the extent of referring the issue as to whether said defendant was properly served with process to a Special Referee to hear and report to Special Term. Pending the...
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