Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a new hearing on the defendant's cross motion and thereafter for a new determination of the cross motion.
The defendant was served with a summons with notice on November 4, 2005, five days before initiatory papers were filed with the County Clerk. On December 15, 2005 the defendant signed two documents: an affidavit stating that he was appearing...
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