Appellate Division of the Supreme Court of the State of New York January 18, 1973, Appeal No. 1 (Thomas J. Lipton, Inc. v. Alfonso Gioia & Sons, Inc.)

Order unanimously reversed, with costs and motion granted. The denial of defendant’s motion was an improvident exercise of discretion. (Appeal from order of Honroe Special Term denying motion *599to renew motion to vacate, statement of readiness.).' Present — Goldman, P. J., Marsh, Moule, Cardamone and Simons,. JJ. '"