Order entered on plaintiff's motion reversed, without costs, and matter remitted to the Special Term for further proceedings not inconsistent herewith.
Where the rights of a party are or may be affected by an order, the successful moving party, in order to give validity to the order, is required to serve it on the adverse party (Cygler v. Motor Vehicle Acc. Ind. Corp., 234 N.Y.S.2d 18, 19). Questions of fact and credibility are here presented as to whether...
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