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HOME DIATHERMY CO. v. WHITE

35 Misc.2d 181 (1962)

Home Diathermy Co., Inc., Respondent, v. Clara White, Appellant.

Supreme Court, Appellate Term, First Department.

February 15, 1962

Attorney(s) appearing for the Case

Mortimer Getzels and Abraham Eckstein for appellant. Herman Koenigsberg for respondent.

Concur — HECHT, J. P., GOLD and CAPOZZOLI, JJ.

Per Curiam.

Where the record shows that the default was not willful, it was improper to require that the defendant post a bond or cash as a condition for opening default. The condition that the judgment stand as security is sufficient (Schlein v. Schlein, 276 App. Div. 951; Ettlinger v. Lepow Securities Corp., 21 Misc.2d 262).

The order appealed from should be modified by striking out the requirement...

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