KUSHILEWSKY v. LINCHNER


14 A.D.2d 841 (1961)

Eli Kushilewsky, Appellant, v. Alexander S. Linchner, Respondent

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

November 2, 1961


Order, entered on July 12, 1961, granting defendant's motion to open his default in answering, vacating and discharging the judgment entered by plaintiff, and vacating a levy made against a bank account maintained jointly by defendant and his wife, unanimously modified, on the facts and in the exercise of discretion, so as to permit the opening of the default judgment on the following conditions: (1) that defendant pay the taxable costs and disbursements of plaintiff to the...

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