Meccia v. Gray ( 1938 )

Appeal from an order permitting the defendant to open a default in a mortgage forelosure upon terms. It is claimed by the appellant that the terms are excessive. Upon an examination of the whole record the justice at Special Term seems to have acted within his discretion and properly. Order affirmed, with ten dollars costs and disbursements. Hill, P. J., MeNamee, Crapser and Heffernan, JJ., concur; Bliss, J., dissents upon the ground that the terms imposed are excessive.