
    Emilio Spina, as President, etc., Appellant, v. Fillipo Maroselli et al., Respondents.
    (Supreme Court, Appellate Term,
    February, 1901.)
    Municipal Court of the city of New York — Form of order opening default.
    An order opening a default in the Municipal Court of the city of New York will be reversed unless the grounds are recited in the order.
    Appeal from an order of the Municipal Court of the city of New York, third district, borough of Manhattan.
    John Palmieri, for appellant.
    Hippolyte A. Geney, for respondents.
   Per Curiam.

An order opening a default in the Municipal Court should recite the grounds thereof and for the defect in this regard the order appealed from must be reversed without prejudice to a renewal of the application before the same justice upon proper affidavits and the proposed answer. Thornall v. Turner, 23 Misc. Rep. 363; Godson v. Taussig, 32 id. 712; 65 N. Y. Supp. 76.

Present: Andrews, P. J., O’Gorman and Blanchard, JJ.

Order reversed, with ten dollars costs.  