Ordered that the judgment is reversed, on the law and as a matter of discretion, with costs, the motions are denied, the complaint is reinstated, and a new trial is granted.
It is undisputed that on two occasions the plaintiff served a police officer, whose testimony was crucial to her case, with a subpoena to appear at the trial. The plaintiff produced the process server in court to attest to service; the trial court accepted the affidavits of service as court exhibits...
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