ALCALDE v. BUTLER

Per Curiam.

Since the court below found the summons was not served upon defendant, it was compelled to vacate and set aside the judgment, pursuant to subdivision 1 of section 129 of the Municipal Court Code. Subdivision 2 of this section refers to the opening of a judgment taken by default after proper service of a summons.

The orders should be affirmed, with $10 costs.

HOFSTADTER, AURELIO and TILZER, JJ., concur.

Orders affirmed, etc.