RICE v. VIEMEISTER


25 A.D.2d 815 (1966)

Margaret I. Rice, Respondent, v. Edmund H. Viemeister, Appellant

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

April 7, 1966


Order unanimously reversed, without costs of this appeal to either party, and motion granted.

Memorandum:

Denial of defendant's motion to open a judgment of foreclosure and sale entered ex parte on a conditional stipulation without authorization of an ex parte entry under all the circumstances demonstrated here was an improvident exercise of discretion and in accordance with the liberal practice provisions of CPLR 3025 (subd. [b]) leave to serve an amended...

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