ROSENBERG v. CABAN

Order reversed, without costs, and matter remitted to Special Term with direction to deny the motion upon the ground that there is involved here no more than a mere irregularity subject to correction (CPLR 2001). Question certified answered in the negative. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.