Cottrell v. Starke

Order of the City Court of New Rochelle denying motion to open default reversed on the law and the facts, without costs, and motion to set aside judgment granted, upon condition that defendant, appellant, within five days shall pay to the plaintiff, respondent, the sum of thirty dollars costs and disbursements of this appeal, the judgment meanwhile to stand as security; otherwise, order affirmed. Kelly, P. J., Jaycox, Manning, Kelby and Kapper, JJ., concur.