HENSEY PROPS., INC. v. LAMAGNA


23 A.D.2d 742 (1965)

Hensey Properties, Inc., et al., Appellants, v. Enrique Lamagna, Doing Business as Windsor Decorators, Respondent

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

April 20, 1965


Order, entered on December 5, 1963, unanimously modified, on the law, on the facts, and in the exercise of discretion, to provide that the motion to vacate the default of the defendant in answering be conditioned upon payment by defendant to plaintiffs at office of plaintiffs' attorneys, within 10 days after service of copy of order entered hereon, with notice of entry, the sum of $760 heretofore offered by defendant to cover plaintiffs' expenses, and in addition $250 costs...

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