PINKNEY v. RIVERA


27 A.D.2d 515 (1966)

Johnie L. Pinkney, an Infant, by Johnie Pinkney, His Father and Natural Guardian, et al., Respondents, v. Carlos Rivera, Appellant, et al., Defendants

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

December 1, 1966


Order entered September 28, 1966, denying defendant-appellant's motion to vacate his default, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the motion granted, on condition that defendant-appellant submit to examination before trial and pay $30 costs and disbursements of this appeal and the action to date plus $250 counsel fee within 10 days after service of the order to be settled hereon, in default of which the motion is denied.<...

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