Majority
p. 802Leonard G. Smith, Appellant, v. David M. Niver, Respondent.
Order affirmed, with ten dollars costs and disbursements. All concur, except Edgeomb, J., who dissents and votes for reversal upon the ground that the moving papers fail to show that judgment was entered through the mistake, inadvertence, surprise or excusable neglect of the defendant and upon the further ground that no proposed answer is presented with the moving papers. (The order grants motion to open a default in City Court.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.