Order reversed, without costs or disbursements, and matter remitted to Special Term for a hearing in accordance herewith.
In denying defendant's application to vacate a default judgment, Special Term failed to address a threshold question as to which there is a sharply contested issue of fact, namely, whether plaintiff's counsel orally agreed in a telephone conversation to extend the defendant's time to answer until July 20, 1982. It is manifest that if such extension...
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