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M. F. Hickey Co. v. Szerlip

252 A.D. 765 Court N.Y. App. Div. Decision date 1937-10-18 English

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p. 765
M. F. Hickey Co., Inc., Respondent, v. Lothair H. Szerlip, Appellant, and Others, Defendants.

Order of the Appellate Term, which modified an order of the Municipal Court granting defendant-appellant’s motion to open his default in pleading and vacate the judgment upon payment of twenty dollars costs, by providing that appellant’s motion be granted upon payment of $100 costs and by giving a surety company bond in the sum of $1,200 to cover any judgment that might be obtained by the plaintiff, and in default thereof that the motion be denied, unanimously affirmed, with costs. No opinion. Present — Hagarty, Carswell, Davis, Adel and Taylor, JJ.