Order reversed, without costs, in the interests of justice, and the matter remitted to the Special Term so that it may be decided, after a hearing, whether defendant was and is, as he contends, financially unable to comply with the judgment (Civ. Prac. Act, §§ 1169, 1172-a) and to what extent he is entitled to credit, as against plaintiff's claims, for payments made as alleged in his affidavit submitted in opposition to the motion.
Although the oral agreement...
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