Order entered August 11, 1971, unanimously reversed, on the law, and the motion remanded to Special Term, Part I, New York County, for the calendar of May 15, 1972, for reconsideration on additional papers, without costs and without disbursements.
Plaintiff shall serve such papers no later than May 5, 1972, with answering papers to be served within five days thereafter. When Special Term denied this motion, the applicable law on this subject was as set forth in
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