107 N.Y.S. 675 | N.Y. App. Term. | 1907
The defendant appeals from two orders of the Municipal Court denying his motion to open his default, the facts relative to which are. as follows: On February 15, 1907, an order, based upon an affidavit and order to show cause, was made, opening the default' of the defendant herein, upon the ground that such default was caused by “ excusable neglect,” upon condition “ that the defendant deposit the amount of the judgment in court, on or
Gut and Bruce, JJ., concur.
Orders reversed and new trial ordered, with costs to appellant.