Procter & Gamble Distributing Company, Appellant, v. Jacob Scher and Another, Individually and as Directors of the S. & S. Grocery Co., Inc., Respondents

Procter & Gamble Distributing Company, Appellant, v. Jacob Scher and Another, Individually and as Directors of the S. & S. Grocery Co., Inc., Respondents. Judgments —■ opening default — one defendant after defaulting admitted liability —- delay of two months before motion to open was made — nothing about merits of defense in motion papers — order opening default improperly made. Appeal from an order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office on May 18, 1923, granting defendants’ motion to open default and to vacate and set aside the judgment entered in favor of the plaintiff and against the defendants. [MAJORITY — Per Curiam:] Per Curiam: This order should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs, because one of the defendants after defaulting at Special Term offered to settle the claim, admitted liability and said he was but waiting for Ms partner to join in the expense. Tw© months elapsed after the inquest and judgment before any motion was made, and not a word is contained in the motion papers about the merits of the defense. Present — Clarke, P. J., Smith, Merrell., McAvoy and Martin, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.