
    Ludwig HIRM, respondent, v. Arnold BEHRER, appellant.
    (Supreme Court, Appellate Division, Second Department.
    October 6, 1916.)
   It would seem that the plaintiff intentionally suffered his default to be taken after failure of his forecast when his case, then on the ready calendar, would be reached for trial. The terms imposed are too light. The order is therefore modified, to make the opening of the default conditioned upon the payment of $40, and, as so modified, it is affirmed, without costs, but with disbursements to the appellant.  