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19 Misc. 2d 960

Thomas v. Holy Trinity

Appellate Terms of the Supreme Court of New York · decided 1959-06-11

Decided 1959-06-11

Per Curiam.

¶1While the opening of the default cannot in the circumstances be treated as an abuse of discretion, the court should have directed that the judgment stand as security.

¶2The order should be modified to direct that the judgment entered stand as security, and as modified affirmed, with $10 costs and disbursements to appellant.

¶3Concur — Steuer, J. P., Hoestadter and Aurelio, JJ.

¶4Order modified, etc.

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