RAMONA PRODS., INC. v. WBC PRODS., INC.


51 A.D.2d 524 (1976)

Ramona Productions, Inc., Respondent, v. WBC Productions, Inc., et al., Defendants Group W. Productions, Inc., Interpleading Plaintiff-Appellant, v. Millard Lampbell et al., Interpleaded Defendants

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

January 27, 1976


Respondent shall recover of appellant $40 costs and disbursements of this appeal. Technically, there was no default on the return date of the motion since plaintiff appeared through its lawyer's service and sought, unsuccessfully, to consent to a conditional 30-day order. Its motion for reargument, though treated as a motion to open a default, was properly granted in the court's discretion (CPLR 5015, subd [a], par 1), and the conditions...

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