
    Herbert Askowith, Respondent, v. Newcomb Carlton, Appellant.
   Order affirmed, with ten dollars costs and disbursements. We are of opinion that the learned justice at Special Term properly exercised his discretion in opening plaintiff’s default, and, therefore, affirm the order on the merits, and it is unnecessary to pass upon the effect of the receipt of the costs by defendnat upon his right to appeal. Kelly, P. J., Young, Kapper, Lazansky and Hagarty, JJ., concur.  