Birnbaum v. Katz , 18 Misc. 2d 243 ( 1959 )

Per Curiam.

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

The 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.

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

Concur — Pettb, Hart and Brown, JJ.

Order affirmed, etc.