Order modified on the law, by striking therefrom the first and third ordering paragraphs and by substituting in place of the first ordering paragraph a provision that said defendant's motion is denied. As so modified, the order is affirmed, with $10 costs and disbursements to appellant to abide the event of a trial.
If defendant Weinger is to prevail, it must be on proof that defendants' default, by reason of which plaintiff elected to declare the entire principal...
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