Motion to open default, taken on the 13th day of January, 1913, and granting a motion to vacate and set aside an order of Mr. Justice Tompkins, dated November 80, 1912, which directed the resettling of the case on appeal herein, granted, and motion to vacate such order denied, without costs to either party as against the other. Present — Jenks, P. J., Bun-, Thomas, Carr and Woodward, JJ.