EPSTEIN v. KUTNER


38 A.D.2d 750 (1972)

Paula Epstein, Respondent, v. Luis Kutner, Appellant

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

January 31, 1972


Order modified by striking therefrom subparagraph "2" of the first decretal paragraph, namely, the condition that $50,000 or a surety bond be deposited in court, and by adding thereto a provision that the default judgment shall stand as security. As so modified, order affirmed, without costs. In our opinion, imposition of the condition which is hereby stricken was an improvident exercise of discretion. This case should be tried...

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