American Capital Corp. v. Gastello

278 A.D. 762 | N.Y. App. Div. | 1951

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.