
    MOWERY v. PIERCE et al.
    (Supreme Court, Appellate Term.
    November 12, 1909.)
    Appeal from City Court of New York, Special Term. Action by Ira Mowery against Charles F. Pierce and another. From an order of the City Court of the City of New York, granting the motion of defendant Charles F. Pierce to open his default without costs, plaintiff appeals.
    Modified and affirmed.
    John H. Regan, for appellant.
    White & Otheman, for respondent.
   PER CURIAM.

Order modified, by requiring the defendant to pay $20 costs and disbursements as taxed within 10 days from a service of a copy of this order upon the defendant’s attorney, and, as modified, affirmed, without costs. If the costs and disbursements are not paid within the time prescribed, the order is reversed, with $10 costs and disbursements.  