Appellant shall recover of respondent $50 costs and disbursements of this appeal. Special Term found no issue of fact to be determined at trial. The crux of the dispute is whether a certain mailed notice was received by plaintiff's assignor. Receipt has been denied. But defendant's officer states in an affidavit that he duly mailed the sealed, properly addressed, postpaid communication, and this averment is sufficient, by reason of a time-honored presumption, to raise the...
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