Appellate Division of the Supreme Court of New York, 1915

Lukanik v. Batovic

Lukanik v. Batovic
Appellate Division of the Supreme Court of New York · Decided April 30, 1915
152 N.Y.S. 1125 (New York Supplement)
Lukanik v. Batovic

Opinion of the Court

PER CURIAM.

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.

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