GLADSTONE v. ROKOWSKY


78 A.D.2d 807 (1980)

Kenneth Gladstone et al., Respondents, v. Isaac Rokowsky et al., Appellants

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

November 13, 1980


Unanimously modified, on the law and the facts, and in the exercise of discretion, with costs to appellants to strike the provision conditioning vacatur of the default upon the filing of the undertaking, the default is vacated, and plaintiffs' motion for summary judgment in lieu of complaint is restored to the Motion Calendar, Special Term, Part I, Supreme Court, New York County, on a date to be fixed in the order to be settled hereon. In this action on a promissory note...

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