As so modified, order affirmed, without costs.
The time of the defendant Lehrbaum to interpose his answer and cross claim is extended until 20 days after entry of the order hereon. In our opinion, under the circumstances disclosed by the record, the Special Term properly determined that defendant Lehrbaum's default was excusable and should be opened. However, it was an improvident exercise of discretion not to impose conditions to the granting of such relief, as indicated...
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