Opinion
July 7, 1960
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, ROBERT V. SABATINI, J.
Samuel B. Weingrad for appellant.
Michels, Gangel Walton ( Richard Michael Moran of counsel), for respondents.
It appears that the plaintiff incurred expenses in the sum of $290 in producing three witnesses from out of town for the trial, which was set down peremptorily against defendants, and it should be reimbursed therefor as a condition for granting the motion to open the default.
The order should be modified to provide that the motion is granted on condition that defendants pay $290 to plaintiff within 10 days after service of a copy of the order entered hereon with notice of entry. Failing payment as so directed, the motion should be denied; and as so modified affirmed, without costs.
Concur — STEUER, J.P., HOFSTADTER and AURELIO, JJ.
Order modified, etc.