McLEAN TRUCKING CO. v. MACRAY MOVERS


28 Misc.2d 550 (1960)

McLean Trucking Company, Appellant, v. Macray Movers, Inc., et al., Respondents.

Supreme Court, Appellate Term, First Department.

July 7, 1960


Attorney(s) appearing for the Case

Samuel B. Weingrad for appellant. Michels, Gangel & Walton (Richard Michael Moran of counsel), for respondents.

Concur — STEUER, J. P., HOFSTADTER and AURELIO, JJ.


Per Curiam.

It appears that the plaintiff incurred expenses in the sum of $290 in producing three witnesses from out of town for the trial, which was set down peremptorily against defendants, and it should be reimbursed therefor as a condition for granting the motion to open the default.

The order should be modified to provide that the motion is granted on condition that defendants pay $290 to plaintiff within...

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