
    Israel Steinhart, Appellant, v. Jacob H. Carver, Respondent.
    This is an appeal from an order vacating a judgment against defendant, and granting him leave to serve an answer alleging payment, accord and satisfaction.
    Furlong & O’Connell (Henry J. Furlong, of counsel), for appellant.
    Frayer, Smith, White & Seaman (Eugene Prayer, of counsel), for respondent.
   Per Curiam.

The practice of the appellant’s attorneys in entering judgment and issuing execution on the sixty-dollar claim, after the principal had been paid to and retained by them, does not commend itself to the court, and. this view of the case, doubtless, influenced the judge at Special Term in exercising his discretion as to the terms upon which the judgment should be vacated.

Order appealed from affirmed, with costs.

Present: Conlan and Hascall, JJ.

Order affirmed, with costs.  