
    Mario Alcalde, Appellant, v. Robert Butler, Respondent.
    Supreme Court, Appellate Term, First Department,
    October 31, 1957.
    
      
      Jules Ornstein for appellant.
    
      Charles B. Lewis for respondent.
   Per Curiam.

Since the court below found the summons was not served upon defendant, it was compelled to vacate and set aside the judgment, pursuant to subdivision 1 of section 129 of the Municipal Court Code. Subdivision 2 of this section refers to the opening of a judgment taken by default after proper service of a summons.

The orders should be affirmed, with $10 costs.

Hoestadter, Aurelio and Tilzer, JJ., concur.

Orders affirmed, etc.  