Gawel v. DeLuca 263 A.D. 838

Order denying plaintiffs’ motion for an order vacating and setting aside the default judgment dismissing their complaint and restoring the case to the trial calendar reversed on the facts, without costs, and motion granted upon payment of ten dollars costs to defendant. In our opinion the default was not willful but due solely to the illness of plaintiffs’ trial counsel. Johnston, Adel, Taylor and Close, JJ., concur; Lazansky, P. J., dissents and votes to affirm.