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18 Misc. 2d 243

Birnbaum v. Katz

Appellate Terms of the Supreme Court of New York · decided 1959-05-26

Decided 1959-05-26

Per Curiam.

¶1The order of March 13, 1959 should be affirmed, ■with $10 costs. No opinion.

¶2The order of March 16, 1959 should be unanimously reversed on the law, with $10 costs to the defendant Katz and the matter remitted to the Municipal Court to determine on oral proof whether defendant-appellant was served with process.

¶3Defendant-appellant is entitled to a hearing to determine whether he was served with process.

Concur — Pettb, Hart and Brown, JJ.

¶4Order affirmed, etc.

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