In our view the motion to vacate defendants' default was improvidently denied. The answer, ultimately rejected, was proffered only 12 days after the 10-day grace period provided for in Special Term's order conditionally vacating the default, during which period defendants timely tendered their $1,500 check in satisfaction of one of the terms of the conditional vacatur. Moreover, plaintiff's attorney accepted and cashed this check. Since payment of the $1,500 and service of...
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