Majority
p. 1070Fourth Department, December, 1965 (December 2, 1965) Western Savings Bank of Buffalo, Respondent, v. Leisureland, U. S. A., Inc., et al., Defendants, and Sportservice Corporation et al., Appellants.
Order unanimously affirmed, with costs. Memorandum: We affirm not because the lower court had no authority to grant the motion, but because discretion was properly exercised. (Appeal from order of Erie County Court denying defendants’ motion to vacate the judgment of foreclosure and permitting service of answer.) Present—Williams, P. J., Bastow, Goldman, Henry and Del Vecchio, JJ.