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CICCARELLA v. McCARTHY

79 A.D.2d 885 (1980)

Eleanor Ciccarella, Appellant, v. Rose McCarthy, Respondent

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

December 23, 1980

Order unanimously modified and, as modified, affirmed, without costs.

Memorandum:

Under the circumstances it was an abuse of discretion for Special Term in vacating the default judgment not to require that the judgment remain as security for any recovery plaintiff might obtain (see Rawson v Austin, 49 A.D.2d 803). The order is modified to include such requirement as a condition and plaintiff is stayed from any enforcement...

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