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Philip Glick Supply Co. v. Steve Satterwhite

215 A.D.2d 179 Court N.Y. App. Div. Decision date 1995-05-09 English

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p. 179
Philip Glick Supply Co., Respondent, v Steve Satterwhite et al., Defendants, and Paul Balme et al., Appellants.
[626 NYS2d 149]

Orders, Supreme Court, New York County (Myriam Altman, J.), entered October 29, 1993 and February 22, 1994, which, inter alia, granted defendants’ motion to vacate a default judgment on condition that they post a bond, unanimously affirmed, with one bill of costs.

Requiring defendants to post a bond would not deprive them of their day in court, it being clear that defendants have property that can be liquidated, and was otherwise a proper exercise of discretion (see, Rubin v Payne, 103 AD2d 946 ). Concur—Ellerin, J. P., Wallach, Kupferman, Nardelli and Mazzarelli, JJ.

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