MACHINA v. PRYZGODA


282 A.D. 1051 (1953)

Helen Machina, Appellant, v. William I. Pryzgoda, Respondent

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

December 7, 1953.


Order modified by striking from the second ordering paragraph the words "be and the same is hereby vacated and set aside" and by substituting therefor the words "stand as security until the final determination of the action"; and by striking out the third ordering paragraph. As so modified the order is affirmed, with $10 costs and disbursements to appellant.

Since the default was not willful, in the circumstances of this case it was proper to open the default and...

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