Ettlinger v. Lepow Securities Corp.
This text of 21 Misc. 2d 262 (Ettlinger v. Lepow Securities Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
21 Misc. 2d 262, 193 N.Y.S.2d 928, 1959 N.Y. Misc. LEXIS 2649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ettlinger-v-lepow-securities-corp-nyappterm-1959.