MARK IV HOMES, INC. v. EVANS GARDENS, INC.


57 A.D.2d 701 (1977)

Mark IV Homes, Inc., Respondent, v. Evans Gardens, Inc., Appellant

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

April 7, 1977


Order insofar as it required defendant to post a $4,500 bond as a condition for vacating the default judgment unanimously reversed, without costs, and otherwise order affirmed.

Memorandum:

On January 16, 1976 plaintiff, a Delaware corporation, commenced an action against defendant, a New York corporation, in foreclosure and replevin to recover money allegedly due under a contract to purchase modular homes. Service was effected by delivering a copy of the summons...

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