Order appealed from reversed, without costs; defendant's motion is granted to the extent of vacating his default and the order entered September 7, 1960 and permitting defendant to oppose the plaintiff's motion for summary judgment on the merits, upon the condition that the judgment shall remain a lien as security for any recovery which may finally be had against the defendant in the action; and action remitted to the court below for further proceedings not inconsistent herewith...
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