Order reversed, without costs or disbursements, and motion granted.
In our opinion it was an improvident exercise of discretion to deny the motion to vacate the appellant's default in appearing for trial. That default was caused by his attorney's actual engagement in another court and her illness later that afternoon (see Benn v Baltimore & Ohio R. R., Co., 286 App Div 992; Gawel v DeLuca, 263...
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