Gandolfo v. Village of Ossining

— Appeal from an order granting a motion to set aside and vacate the service of a summons. Service was made by delivering a copy of the summons to- the deputy clerk of the Village of Ossining in the village hall while the village clerk was on vacation and not physically present in his municipal office. The deputy clerk accepted service on behalf of the village. Order reversed, with $10 costs and disbursements, and motion denied, without costs, with leave to respondent to answer within 10 days after service of a copy of the order hereon. Subdivision 5 of section 228 of the Civil Practice Act…