Order reversed, without costs or disbursements, and matter remitted to Special Term for a hearing and a new determination in accordance herewith.
This matrimonial action was commenced by service of a summons with notice upon defendant on May 5, 1975. A note of issue was not filed until April 29, 1977, and subsequent to this, plaintiff was granted a default judgment on June 10, 1977. There was a substantial factual question at Special Term as to whether the parties...
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