AM. CAPITAL CORP. v. CASTELLO


278 A.D. 762 (1951)

American Capital Corporation, as Assignee of Harold C. Burger, Trustee in Bankruptcy of Max Stark, Doing Business as Automatic Machine & Tool Co., Respondent, v. "Albert" F. Castello, Defendant, and Harold D. McCreedy, Doing Business as Castellos, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 24, 1951.


Order unanimously reversed, without costs, and the motion to vacate, cancel and set aside the judgment entered against defendant by default and for leave to defendant to serve a proposed verified answer to the complaint is granted upon condition, however, that defendant file a surety company bond in the amount of the vacated judgment to stand as security for any judgment that may be obtained by plaintiff. Settle order...

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