BALDUCCI v. SCHUTH ENTERS., INC.


166 A.D.2d 900 (1990)

Michael Balducci, Appellant, v. Schuth Enterprises, Inc., Formerly Known as Joseph V. Schuth, Doing Business as Salmon Creek Country Club, et al., Respondents

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

October 5, 1990


Appeal unanimously dismissed without costs.

Memorandum:

Supreme Court granted defendants' motion to vacate a default judgment "contingent upon" defendants' payment of the bill of costs in the amount of $323.50. At oral argument, the parties stipulated that, after entry of the order opening the default, that sum was paid by defendants' counsel and received and retained by plaintiff's counsel. It is well settled that, where an order imposes costs on the moving...

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