149 N.Y.S. 494 | N.Y. App. Div. | 1914
It would seem from the opinion of the court at Special Term, contained in the record, that the motion was disposed of upon the moving affidavits only. From the notice of motion and order it appears that the motion was made also upon the records on the former appeals. The opposing affidavit was not considered, for the very good reason that it had not been served upon plaintiff’s attorney as the Rules of Practice require.
See Code Civ. Proc. § 768.— [Rep.