Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and the motion is granted; and it is further,
Ordered that the appellant shall serve upon the plaintiff a copy of this decision and order, with notice of entry, by certified mail, return receipt requested, and by ordinary mail with postal proof of mailing, and shall also serve a copy of this decision and order, with notice of entry, upon the attorney for the defendant...
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