Wien v. Robbins

Motion denied, with ten dollars costs. Defendant should have moved at Special Term to vacate the judgment so that he might interpose his answer as permitted by order of this court. [See 212 App. Div. 868.] If the Special Term should grant such a motion, and the plaintiff thereafter refuses to tax his costs on appeal, a motion similar to the one now before us may be made to compel him to do so. Present — Dowling, Merrell, Finch, McAvoy and Burr, JJ.