Opinion
May 26, 1953.
Present — Peck, P.J., Glennon, Cohn, Callahan and Breitel, JJ.
Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. The defendant failed to show that the judgment against it was the result of mistake, inadvertence, surprise or excusable neglect as provided for in section 108 of the Civil Practice Act. On the contrary the default here appears to have been intentional. Settle order on notice.