Opinion
September 26, 1949.
Appeal from an order denying plaintiff's motion to open his default in appearing for trial in an action for libel, and to vacate the judgment entered hereon. Order denying plaintiff's motion reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, without costs. Under the circumstances disclosed herein the plaintiff's motion to open the default should have been granted. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur. [See post, p. 1055.]