Order reversed, with $10 costs and disbursements, and motion denied, without costs, with leave to respondent to answer within 10 days after service of a copy of the order hereon.
Subdivision 5 of section 228 of the Civil Practice Act provides that, in an action against a village, service of the summons must be made by delivering a copy thereof to the mayor, clerk, or a trustee. Section 43 of the Village Law, as amended by chapters 646 and 668 of the Laws of 1955,...
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