Order reversed, without costs or disbursements, motion granted, and matter remanded to Special Term for a hearing on the merits of defendant's motion.
In this action, the wife's failure to appear on the date set peremptorily for a hearing was the result of an election by her newly retained attorney to keep a previous commitment in another matter in another court, rather than to appear for the hearing on the husband's application to modify the divorce judgment. Hence...
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