Appellate Terms of the Supreme Court of New York, 1943

Gustavus J. Esselen, Inc. v. Visor

Appellate Terms of the Supreme Court of New York · Decided June 10, 1943

180 Misc. 537; 45 N.Y.S.2d 258; 1943 N.Y. Misc. LEXIS 2606

Counsel

Jeffroy J. Lewin for appellants., Black, Varían é Simon for respondent.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.