Joseph Anthony Furlan, Respondent, v. Gaetano Ferrara, Appellant

Joseph Anthony Furlan, Respondent, v. Gaetano Ferrara, Appellant. [MAJORITY] Order denying motion to open defendant’s default and to reinstate Ms counterclaim, and order on reargument, reversed on the law and the facts, without costs, and motion granted, without costs, upon condition that within ten days after service on the attorney for the plaintiff of a copy of the order to be made hereon, with notice of entry, defendant pay plaintiff twenty-five dollars costs; otherwise, order affirmed. The default was not willful and the motion to open it should have been granted. Lazansky, P. J., Kapper, Carswell, Tompldns and Davis, JJ., concur.