Order denying motion to vacate judgment and amended judgment as to appealing defendants - reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. There is no proof that defendant Forst consented to waive notice of trial. Lazansky, P. J., Scudder and Tompkins, JJ., concur; Young and Kapper, JJ., dissent and vote to affirm.