Opinion
April, 1913.
Appeal from so much of an order of the Supreme Court, entered in the New York county clerk's office on the 6th day of July, 1912, as directs payment of taxable costs to date as a condition of opening default.
Present — Ingraham, P.J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.
The order appealed from should be modified by requiring as a condition for the opening of the default the payment of trial fee and ten dollars costs of opposing motion, and as so modified affirmed, without costs.