
    EMPIRE STATE PICKLING CO., Respondent, v. PFISTER, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 14, 1914.)
    Action by the Empire State Pickling Company against Joseph F. Pfister.
   PER CURIAM.

Order (80 Misc. Rep. 162, 141 N. Y. Supp. 817) affirmed, with $10 costs and disbursements, without prejudice to a new motion to open the default as a matter of favor, on showing merits. Plaintiff’s practice was regular.

KRUSE, P. J., dissents, upon the following grounds: First, that the notice of trial is defective and insufficient as to form and manner of service; second, that in any event judicial discretion requires the opening of the judgment.  