Order reversed, with $10 costs and disbursements, and matter is remanded to Special Term for a hearing on the issues raised by the motion papers.
If on such hearing, it be found that service was proper, the court should then consider whether defendant's default was deliberate, and whether his application to open his default showed a meritorious defense. In our opinion, the Special Term was in error when it stated in its memorandum that defendant did not deny receiving...
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