Opinion
October 18, 1943.
Order denying plaintiff's motion to open her default and restore the action to the calendar for trial reversed on the law and the facts, without costs, the motion granted, and the case restored to the day calendar for November 1, 1943. The court had the power to grant the motion. Under the facts presented, its failure to grant relief was an improvident exercise of its discretion. Close, P.J., Carswell, Johnston, Taylor and Lewis, JJ., concur.