
    (98 App. Div. 619)
    MARCUS v. POMERANZ.
    (Supreme Court, Appellate Division, First Department.
    November 11, 1904.)
    1. Judgments—Defaults—Opening—Conditions.
    As a condition of opening a default and vacating a judgment, defendant should be required to pay all costs of the action up to the date of granting the order, including a trial fee.
    Appeal from Trial Term, New York County.
    Action by Louis Marcus against Israel Pomeranz. From an order opening a default, plaintiff appeals.
    Modified.
    Argued before VAN BRUNT, P. J., and HATCH, PATTERSON, O’BRIEN, and LAUGHLIN, JJ.
    Gustavus A. Rogers, for appellant.
    Lawrence B. Cohen, for respondent.
   PER CURIAM.

The order should be modified by requiring defendant to pay, as a further condition of opening the default and vacating the judgment, ail costs of the action to the date of granting the order, including a trial fee, and, as thus modified, affirmed, without costs. 
      
       1. See Judgment, vol. 30, Cent. Dig. § 328.
     