Opinion
December, 1931.
Order reversed on the law and the facts, with ten dollars costs and disbursements, and appellant's motion to open his default and to vacate the judgment made thereon granted, with ten dollars costs. In our opinion, the appellant's answer presents a partial defense to the plaintiff's cause of action and his default on the trial is excusable. Lazansky, P.J., Young, Kapper, Carswell and Tompkins, JJ., concur.