Opinion
May 28, 1953.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, LAZARUS, J.
Hyman Frank and Maurice Rubinger for appellant.
Melvin W. Agrest for respondent.
Ralph K. Keesing for third-party defendant.
It appears that plaintiff incurred traveling costs amounting to $160 in coming from Oklahoma to New York City to attend the trial and he should be reimbursed therefor, in addition to the sum of $25 costs imposed by the court below as a condition for granting the motion to open default.
The order should be modified to the extent of requiring defendant-respondent to pay to plaintiff the sum of $160 in addition to the sum of $25 costs imposed by the court below, and as modified affirmed, without costs.
HOFSTADTER, EDER and SCHREIBER, JJ., concur.
Ordered accordingly.