Empire State Pickling Co. v. Pfister

Order (80 Misc. Rep. 162, 141 N. Y. Supp. 817) affirmed, with $10 costs and disbursements, without prejudice to a new motion to open the default as a matter of favor, on showing merits. Plaintiff’s practice was regular.

KRUSE, P. J., dissents, upon the following grounds: First, that the notice of trial is defective and insufficient as to form and manner of service; second, that in any event judicial discretion requires the opening of the judgment.