Defendant's counterclaim, by which she seeks to recover various costs incurred by her in vacating a default judgment against her in this action, fails to state a cause of action. Those costs were imposed as a condition for vacating that default judgment and may not now be recovered by defendant. No defense or fact issues are raised with regard to plaintiff's right to recover the sum of $1,500 and disbursements of $169.35, which defendant expressed a willingness to pay. Accordingly...
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