American Capital Corp. v. Gastello , 278 A.D. 762 ( 1951 )


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  • Order unanimously reversed, without costs, and the motion to vacate, cancel and set aside the judgment entered against defendant by default and for leave to defendant to serve a proposed verified answer to the complaint is granted upon condition, however, that defendant file a surety company bond in the amount of the vacated judgment to stand as security for any judgment that may be obtained by plaintiff. Settle order on notice. Present — Peck, P. J., Dore, Cohn, Van Voorhis and McCurn, JJ.

Document Info

Citation Numbers: 278 A.D. 762

Filed Date: 4/24/1951

Precedential Status: Precedential

Modified Date: 1/12/2023