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ETTLINGER v. LEPOW SEC. CORP.

21 Misc.2d 262 (1959)

Samuel Ettlinger et al., Respondents, v. Lepow Securities Corp. et al., Appellants.

Supreme Court, Appellate Term, First Department.

November 12, 1959.

Attorney(s) appearing for the Case

Borden & Ball (Arthur M. Borden and John H. Ball of counsel), for appellants.

Henry L. Bayles for respondents.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.

Per Curiam.

Where the record shows a default was not willful it is improper to require the posting of cash or a bond as a condition of opening the default. (Schlein v. Schlein, 276 App. Div. 951.) The condition that the judgment stand as security would have been sufficient. (Aiello v. Baldasare, 17 Misc.2d 449.)

The order below should be modified to the...

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