Weichert v. Kirnie

—Order unanimously reversed and motion addressed to the County Court to open the defendant’s default denied, without prejudice to the making of a motion in the Police Justice Court; the transcript of the judgment filed with the County Clerk vacated, and all proceedings on the part of the plaintiff to enforce the judgment stayed pending the making and determination of such a motion, provided that it is made within 20 days after the entry of the order herein, all without costs. Memorandum: The circumstances plainly warranted the opening of the defendant’s default, but the motion to open the…