Opinion
May 10, 1971
In a proceeding to stay arbitration, in which a default judgment was entered in the Supreme Court, Kings County, November 9, 1970, directing that arbitration proceed, the appeal is from an order of the same court, dated February 1, 1971, which granted petitioner's motion to vacate the judgment and restore the proceeding to the trial calendar. Order affirmed, with $50 costs and disbursements to appellant, on condition that petitioner pay such costs and disbursements within 10 days after service upon petitioner of a copy of the bill of costs and disbursements, after taxation thereof, together with notice of such taxation. Under the circumstances here present, the granting of the motion should have been conditioned upon the payment by the movant of an appropriate sum of money as costs and expenses. Rabin, P.J., Hopkins, Munder, Martuscello and Shapiro, JJ., concur.