Harry Mccormick v. Mars Associates

Where the rights of a party are or may be affected by an order, the successful moving party, in order to give validity to the order, is required to serve it on the adverse party (Cygler v. Motor Vehicle Acc. Ind. Corp., 234 N. Y. S. 2d 18, 19). Questions of fact and credibility are here presented as to whether the order of September 10, 1964 was duly served upon the defendants which cannot be resolved on the present record. It was error to grant relief to plaintiff on the ground that defendants failed to obey the said order of September 10, 1964, without first determining whether they had