INDUS. REF. CORP. v. INT'L FASTENER RESEARCH CORP.


36 A.D.2d 1013 (1971)

Industrial Refining Corp., Appellant, v. International Fastener Research Corporation, Respondent

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

May 20, 1971


Order unanimously modified to provide that plaintiff is entitled to costs and disbursements to date, and as so modified, affirmed, with costs of this appeal to plaintiff-appellant.

Memorandum:

The order vacating the default judgment was properly granted. Under the circumstances, however, and in the exercise of discretion, the payment to plaintiff of costs and disbursements to date should have been imposed as a condition for vacating...

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