THOMAS v. TRINITY


19 Misc.2d 960 (1959)

Frances Thomas, Appellant, v. Holy Trinity et al., Respondents.

Supreme Court, Appellate Term, First Department.

June 11, 1959.


Attorney(s) appearing for the Case

Jules D. Barnett for appellant.

Charles T. Beavers and Wilbert Eric Morris for respondents.

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


Per Curiam.

While 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.

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

Order...

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