Niewiadowski v. Kulp-Waco, Inc. (281 A.D. 1072, 1953)

Order reversed on the law and facts, with $10 costs and disbursements, and motion denied, with $10 costs. (See Wilkolaski v. Hanavan, 149 Mise. 838, affd. 240 App. Div. 867.) All concur, except Piper, J., who dissents and votes for affirmance. (Appeal from an order granting plaintiff’s motion to- open his default and restoring the case to the trial calendar,) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ.