Staib v. Yonkers Railroad
252 A.D. 762 | N.Y. App. Div. | 1937
On argument, order denying motion to vacate the order dismissing the complaint and to restore the cause to the calendar reversed on the law and the facts and motion granted on condition that appellants pay respondent fifty dollars costs within ten days from the entry of the order hereon; otherwise, order affirmed, with ten dollars costs and disbursements. In the circumstances, we think the default should be opened on the terms stated. Carswell, Davis, Johnston, Adel and Close, JJ., concur.