
    McLean Trucking Company, Appellant, v. Macray Movers, Inc., et al., Respondents.
    Supreme Court, Appellate Term, First Department,
    July 7, 1960.
    
      Samuel B .Weingrad for appellant. Michels, Gangel S Walton (Richard Michael Moran of counsel), for respondents.
   Per Curiam.

It appears that the plaintiff incurred expenses in the sum of $290 in producing three witnesses from out of town for the trial, which was set down peremptorily against defendants, and it should be reimbursed therefor as a condition for granting the motion to open the default.

The order should he modified to provide that the motion is granted on condition that defendants pay $290 to plaintiff within 10 days after service of a copy of the order entered hereon with notice of entry. Failing payment as so directed, the motion should be denied; and as so modified affirmed, without costs.

Concur — Steuer, J. P., Hofstadter and Aurelio, JJ.

Order modified, etc.  