
    GOLDSTEIN v. LOEW.
    (Supreme Court, Appellate Division, First Department.
    April 29, 1910.)
    Appeal from Special Term, New York County. Action by Jennie Goldstein against E. Victor Loew, Jr., as administrator, etc. A judgment in favor of defendant was vacated, and the complaint dismissed, and defendant appeals.
    Modified and affirmed.
    Alfred H. Holbrook, for appellant.
    Louis H. Levin, for respondent.
   PER CURIAM.

The order vacating the judgment should be modified, by imposing as a condition of opening the default the payment of $30 trial fee, $10 term fee, $10 costs of opposing the motion, and the disbursements of entering judgment, and, as so modified, affirmed, without costs of this appeal. The order denying the motion to resettle should be affirmed, without costs.  