
    Pietro Silvestri, Respondent, v. Joseph Nussbaum, Appellant.
   Order unanimously modified, without costs, so as to open default upon condition that defendant file undertaking in the sum of $5,000, in which event the case is set for trial for January 3, 1956. Upon this record, opening of the default upon the condition stated is warranted. Settle order on notice. Concur—Peck, P. J., Breitel, Bastow and Cox, JJ.  