Opinion

Gustavus J. Esselen, Inc. v. Visor

1943 N.Y. Misc. LEXIS 2606 · Appellate Terms of the Supreme Court of New York · Jun 10, 1943

Full text

Gustavus J. Esselen, Inc. v. Vincent Visor

Memorandum Per Curiam. The default was neither intentional nor willful. It was improper to require the filing of cash or a bond as a condition for opening the default. Order modified by striking therefrom the condition for giving cash security or surety bond, and as modified affirmed. Case set down for trial for June 18, 1943. Shientag, McLaughlin and Hecht, JJ., concur.