DiBellis v. Ruggiero ( 1937 )

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted in so far as to vacate the order dismissing the motion to dismiss the complaint and to open the default thereon. The defendants are entitled to have their motion to dismiss the complaint considered on the merits. Present — Martin, P. J., O’Malley, Townley, Untermyer and Cohn, JJ.