
    Hannah Puld, Appellant, v. Bertha Williams et al., Respondents.
    Supreme Court, Appellate Term, Second Department,
    December 13, 1956.
    
      Jacob A. Singer and Seymour Mamberg for appellant.
    
      Benjamin Gold for respondents.
   Per Curiam.

The motion to open the default was not made within one year after service of a copy of the judgment with notice of entry. Accordingly the court lacked jurisdiction to entertain the motion. (Civ. Prac. Act, § 108; N. Y. City Mun. Ct. Code, § 129, subd. 2.) Moreover, the affidavits and proof clearly established that the default of the defendants was deliberate and inexcusable.

The order should be unanimously reversed on the facts, with $10 costs to plaintiff, and motion denied.

Pette, Hart and Di Gtovanna, JJ., concur.

Order reversed, etc.  