
    Albert Stekoll, Appellant, v. Sinex Corporation, Defendant and Third-Party Plaintiff-Respondent. Jacques Sarlie Associates, Inc., Third-Party Defendant.
    Supreme Court, Appellate Term, First Department,
    May 28, 1953.
    
      Hyman Frank and Maurice Rubinger for appellant.
    
      Melvin W. Agrest for respondent.
    
      Ralph K. Keesing for third-party defendant.
   Per Curiam.

It appears that plaintiff incurred traveling costs amounting to $160 in coming from Oklahoma to New York City to attend the trial and he should be reimbursed therefor, in addition to the sum of $25 costs imposed by the court below as a condition for granting the motion to open default.

The order should be modified to the extent of requiring defendant-respondent to pay to plaintiff the sum of $160 in addition to the sum of $25 costs imposed by the court below, and as modified affirmed, without costs.

Hofstadter, Eder and Schreiber, JJ., concur.

Ordered accordingly.  