Order modified by striking therefrom the second ordering paragraph, and, as so modified, the order is affirmed, without costs.
The moving affidavit sufficiently disclosed the merits of plaintiff's cause of action, and there was no abuse of discretion in opening the default upon the trial, which was due to the illness of plaintiff's trial counsel. However, the default in replying to the counterclaims was improperly vacated. Plaintiff failed to show any meritorious...
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