
    Moe Birnbaum, Respondent, v. Leo Katz et al., Appellants.
    Supreme Court, Appellate Term, Second Department,
    May 26, 1959.
    
      
      Peter Rosenberg for appellants.
    
      Mildred B. Lesser for respondent.
   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.  