Opinion
May 27, 1953.
Present — Taylor, P.J., McCurn, Vaughan, Piper and Wheeler, JJ.
Order reversed on the law and facts, with $10 costs and disbursements, and motion denied, with $10 costs. (See Wilkolaski v. Hanavan, 149 Misc. 838, affd. 240 App. Div. 867. ) All concur, except PIPER, J., who dissents and votes for affirmance. (Appeal from an order granting plaintiff's motion to open his default and restoring the case to the trial calendar.)