Opinion
December 21, 1942.
Present — Martin, P.J., Townley, Glennon, Untermyer and Dore, JJ.
Order unanimously reversed with twenty dollars costs and disbursements and motion granted to the extent of vacating the interlocutory judgment and opening the defendant's default on condition that within ten days after entry of the order herein the defendant pay taxable costs and disbursements to date including the expense of the stenographers' minutes and the fee for the referee to be fixed by the court at Special Term. Payment of the costs of the reference may be deemed satisfied by defendant filing a stipulation that the proceedings before the present referee may, so far as applicable, be considered part of the record upon any new reference that may be ordered. No opinion. Settle order on notice.