Opinion
October, 1916.
It would seem that the plaintiff intentionally suffered his default to be taken after failure of his forecast when his case, then on the ready calendar, would be reached for trial. The terms imposed are too light. The order is, therefore, modified to make the opening of the default conditioned upon the payment of forty dollars, and as so modified it is affirmed, without costs, but with disbursements to the appellant. Jenks, P.J., Carr, Mills, Rich and Putnam, JJ., concurred.