Majority
p. 909Empire State Pickling Company, Respondent, v. Joseph F. Pfister, Appellant.
Order affirmed, with ten dollars costs and disbursements,
p. 910
without prej udice to a new motion to open the default as a matter of favor on showing merits. Held, that plaintiff’s practice was regular. All concurred, except Kruse, P. J., who dissented upon the following grounds: First, that the notice of trial is defective and insufficient as to form and manner of service; second, that in any event judicial discretion requires the opening of the judgment.