Appellant's motion was in the alternative so that if that part thereof directed to the service of the summons and complaint was decided against him, he asked for leave to serve an answer. He did not appear on the return day of the motion and no request was made for a hearing. There was sufficient proof by way of affidavits before the Special Term to justify a denial of the motion. We find no abuse of discretion on the part of the Special Term.
Order unanimously affirmed...
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