
    Joseph E. Ellery, Appellant, v. Edward E. Bendet, Respondent.
    Appeal from an order of the Municipal Court of the city of Eew Tork, for the fifth judicial district, opening the default of' the defendant.
    Campbell & Hance, for appellant.
    Max Bendit, for respondent.
   Per Ouriam.

The order opening the default is reversed, with costs. Eo legal excuse was given for opening the default, especially in view of the fact of the numerous adjournments of the trial of the action that had been had at the request of the defendant.

Present: Truax, P. J., Scott and Dugro, JJ.

Order reversed, with costs.  