Appellate Division of the Supreme Court of New York, 1951

Penn v. Renee Thornton Cosmetics, Inc.

Penn v. Renee Thornton Cosmetics, Inc.
Appellate Division of the Supreme Court of New York · Decided June 19, 1951
278 A.D. 923; 105 N.Y.S.2d 902; 1951 N.Y. App. Div. LEXIS 5231
Penn v. Renee Thornton Cosmetics, Inc.

Opinion of the Court

Order unanimously reversed, with $20 costs and disbursements to the appellants, and defendants’ motion to open the default granted on condition that (1) defendants, within five days after entry of the order herein, pay plaintiff all of plaintiff’s taxable costs and disbursements to date, (2) judgment entered after inquest shall stand for security to abide the event of a trial on the merits, and (3) defendants serve their proposed answer within five days after the service of the order to be entered herein and proceed without unnecessary delay to trial. Settle order on notice. Present — Peek, P. J., Dore, Cohn, Callahan and Van Voorhis, JJ.

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