
    Cosmo J. Donatone, Respondent, v. Harold Hennings, Appellant.
    Supreme Court, Appellate Term, First Department,
    November 12, 1959.
    
      John J. Kennelly and J. Rhodes O’Reilly for appellant.
    
      Grossman <& Grossman (Louis Grossman and Herman Gahn of counsel), for respondent.
   Per Curiam.

The answer was timely served and filed. The subsequent alleged default, inquest and judgment taken by plaintiff were improper. Defendant’s moving papers presented an adequate and meritorious defense to the cause of action stated by plaintiff.

The order should be reversed, with $10 costs to defendant, and motion granted, judgment vacated and case restored to General Calendar.

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

Order reversed, etc.  