LEVIN, J.
My colleague, Mr. Justice THOMAS GILES KAVANAGH, would hold that a trial judge may condition an order setting aside a default, entered following defendant's failure to answer a complaint, on defendant not pleading the statute of limitations.
He states that a condition depriving defendant of the defense of the statute of limitations is not "wholly arbitrary and unreasonable" because the statute of limitations itself establishes an arbitrary deadline...
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