Opinion
March 14, 1962
Present — Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.
Appeal from an order of Supreme Court which opened a default judgment taken by the defendant against the plaintiffs on a counterclaim. The judgment was not vacated, but further proceedings thereon were stayed and the default opened, upon certain conditions, by the same Judge who granted the default judgment. Upon the record before us we do not think there was an abuse of discretion in granting the order. The order is affirmed, without costs, upon the condition that the action be tried or disposed of at the April 1962 Term of Supreme Court to be held in Schoharie County. In the event the action is not tried or otherwise disposed of at such term, for any reason attributable to plaintiffs, the matter is referred to the Justice presiding at such term to vacate the stay, or make such other order as justice requires.