Oathout v. Hintzen , 35 N.Y.S.2d 468 ( 1942 )

Order reversed on the facts, without costs of the appeal, and motion granted on condition that the defendant pay fifty dollars costs to the plaintiff within ten days from date of entry of this order, otherwise motion denied. All concur. (The order denies defendant’s motion to vacate a default judgment entered in favor of plaintiff, in an automobile negligence action.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.