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Lukanik v. Batovic

152 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1915-04-30 Docket No. 7284 English

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p. 1125
LUKANIK v. BATOVIC.
(No. 7284.)
(Supreme Court, Appellate Division. First Department.
April 30, 1915.)

Headnote

Appeal from Special Term, New York County. Action by Mike Lukanik against Mike Batovic. From an order granting a motion to open default and to answer, the plaintiff appeals. Order modified, so as to require an undertaking for the payment of any judgment rendered against defendant. Abram SL Jaffer, of New York City, for appellant.

The order appealed from is modified, by adding to the conditions to the opening of the default that the defendant file an undertaking within 10 days after the service of the order to be entered hereon for the payment of any judgment that the plaintiff may ultimately recover against him. If such undertaking be not given within the time fixed, the order appealed from will be reversed, with §10 costs and disbursements, and the motion denied, with §10 costs.