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276 A.D.2d 951

Schlein v. Schlein

Appellate Division of the Supreme Court of the State of New York · decided 1950-02-14

Decided 1950-02-14

Per Curiam.

¶1As the default herein was unintentional, on the facts disclosed it was improper to require as a condition for opening the default filing of a bond in the sum of $13,882.10. The judgment may however stand as security.

¶2The order appealed from should be modified by striking out the requirement of filing a bond and allowing the judgment to stand as security, and as so modified the order is affirmed, with $20 costs and disbursements to appellant.

¶3Peck, P. J., Glennon, Dore, Cohn and Sheintag, JJ., concur.

¶4Order," so far as appealed from, unanimously modified by striking out the requirement of filing a bond and allowing the judgment to stand as security, and, as so modified, affirmed, with $20 costs and disbursements to the appellant.

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