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BIG APPLE INDUS. BLDGS., INC. v. GEORGE A. FULLER CO.

161 A.D.2d 553 (1990)

Big Apple Industrial Buildings, Inc., Plaintiff, v. George A. Fuller Company, Appellant, and Summit Waterproofing and Restoration Corp., Respondent, et al., Defendants

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

May 31, 1990

Upon vacating Fuller's prior default, the court was well within its discretion to impose sanctions and direct the posting of an undertaking. Upon vacating a default judgment a court is well within its discretion to, in equity, impose such conditions under CPLR 5015 (a). This is particularly true since Fuller suggested that it post such an undertaking in support of its application to vacate the default. (A. G. Serv. Co. v Interboro...

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