Order reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. This case was governed by section 1351 of the Code of Civil Procedure. The plaintiff’s time to appeal did not expire until served with a copy of the judgment and notice of entry. (New Rochelle Gas Co. v. Van Benschoten, 47 App. Div. 477.)
Kelly, P. J., Rich, Jayeox, Manning and Young, JJ., concur.