GALE v. LINCOX REALTY CORP.


10 A.D.2d 670 (1960)

Benjamin Gale, Appellant, v. Lincox Realty Corp., Respondent, et al., Defendants

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

March 1, 1960


Orders opening default in mortgage foreclosure and extending time of defendant to supply bond as condition to opening of default unanimously affirmed, with $20 costs and disbursements of the appeals to abide the event.

It cannot be said that Special Term abused its discretion in granting either of the orders. Undoubtedly, the omission to join the transferee corporation may effect the ultimate relief to which defendant might be entitled if he succeeds on the merits...

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