PAC. NORTHERN FENCE CORP. v. ALLIED FABRICATORS, INC.


19 A.D.2d 541 (1963)

Pacific Northern Fence Corporation, Respondent, v. Allied Fabricators, Inc., Appellant

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

May 13, 1963


Order reversed, without costs, and motion to open defendant's default granted upon condition that the existing judgment shall remain on record as a lien and as security for any recovery which may be had by plaintiff in this action.

Defendant's time to serve its answer is extended until 20 days after entry of the order hereon. Where, as here, the record shows that the default was unintentional, it was improper, as a condition to opening the default, to require that...

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