Opinion
March 20, 1973
Order, Appellate Term, Supreme Court, First Department, entered on October 13, 1972, affirmed. Respondents shall recover of appellant $60 costs and disbursements of this appeal.
Concur — Stevens, P.J., Markewich, Murphy and Capozzoli, JJ.; McGivern, J., dissents in the following memorandum: I dissent and would grant defendant's motion to vacate the default judgment on the condition that defendant pay $250 costs for the reasons set forth in the opinion of Mr. Justice Quinn at Appellate Term.