Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
We think it was error to grant defendants' counsel's motion to open and close. The pleadings show that plaintiff was required to make proof of a default and that defendants had not paid the principal and interest due on the mortgages and he should not have been deprived of his right to open and close. Even though we could overlook...
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