Warren v. Armstrong , 210 A.D. 864 ( 1924 )

Order denying motion to open default and serve amended answer reversed on the law and the facts, with ten dollars costs and disbursements to the appellant to abide the event, and motion granted, and defendant permitted to serve amended answer within ten days upon payment of ten dollars costs to the plaintiff. No opinion. Kelly, P. J., Rich, Manning and Young, JJ., concur; Kelby, J., dissents upon the ground that the papers do not show sufficient merit in the defense.