Perez v. Vega

Order, Appellate Term, Supreme Court, First Department, entered on October 13, 1972, affirmed. Respondents shall recover of appellant $60 costs and disbursements of this appeal. Concur ■ — Stevens, P. J., Markewich, Murphy and Capozzoli, JJ.; McGivern, J., dissents in the following memorandum: I dissent and would grant defendant’s motion to vacate the default judgment on the condition that defendant pay $250 costs for the reasons set forth in the opinion of Mr. Justice Quinn at Appellate Term.