Opinion
February 18, 1941.
Appeal from Suffolk County.
Order reversed on the law and the facts, with ten dollars costs and disbursements, and matter remitted to Special Term to determine on oral proof whether defendant was, in fact, served. Whether or not defendant was served cannot be determined except on an oral hearing, in view of the conflict in the affidavits of affiants Steinfield, Sternfels and Walker. Lazansky, P.J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.