Order insofar as appealed from reversed, with $10 costs and disbursements, and matter remitted to the Special Term to proceed in accordance with the memorandum.
Memorandum:
The order made by the Special Term does not determine respondent's motion to vacate so much of the judgment as awards money damages against him and for an order opening his default in pleading with leave to file an answer to the complaint. Under those circumstances we feel the order should...
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