Ettlinger v. Lepow Securities Corp.

Appellate Terms of the Supreme Court of New York

Ettlinger v. Lepow Securities Corp.

21 Misc. 2d 262, 193 N.Y.S.2d 928, 1959 N.Y. Misc. LEXIS 2649

Appellate Terms of the Supreme Court of New York·Decided November 12, 1959·Published·Cited by 2 cases

Opinion

Per Curiam.

Where the record shows a default was not willful it is improper to require the posting of cash or a bond as a condition of opening the default. (Schlein v. Schlein, 276 App. Div. 951.) The condition that the judgment stand as security would have been sufficient. (Aiello v. Baldasare, 17 Misc 2d 449.)

The order below should be modified to the extent of striking therefrom the condition of posting cash or a bond, and substituting therefor the condition that the judgment stand as security, and as modified affirmed, with $10 costs to defendants.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order modified, etc.

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Per Curiam.

Where the record shows a default was not willful it is improper to require the posting of cash or a bond as a condition of opening the default. (Schlein v. Schlein, 276 App. Div. 951.) The condition that the judgment stand as security would have been sufficient. (Aiello v. Baldasare, 17 Misc 2d 449.)

The order below should be modified to the extent of striking therefrom the condition of posting cash or a bond, and substituting therefor the condition that the judgment stand as security, and as modified affirmed, with $10 costs to defendants.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Order modified, etc.

Ettlinger v. Lepow Securities Corp., 21 Misc. 2d 262, 193 N.Y.S.2d 928, 1959 N.Y. Misc. LEXIS 2649 (N.Y. Ct. App. 1959).

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Opinion

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