Order reversed, insofar as appealed from, on the law and the facts and as a matter of discretion, motion granted, judgment vacated, and a new trial granted. The new trial shall be before a different Judge.
Appeal from the judgment dismissed as academic in view of our disposition of the appeal from the order.
Appellant is awarded one bill of costs.
The trial court erred in denying defendant Ruby Lambert's motion to vacate the judgment (see, CPLR...
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