CZUB v. RUSSELL


177 A.D.2d 831 (1991)

Eugene Czub, Respondent, v. Mark D. Russell, Appellant

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

November 21, 1991


Casey, J.

In this breach of contract action arising out of a truck lease agreement executed by the parties, plaintiff entered a judgment in the amount of $6,418 upon defendant's default. Defendant moved to vacate the default judgment based upon affidavits which asserted an excuse for the default and a defense to plaintiff's claim. Supreme Court granted the motion, conditioned upon defendant posting a bond of $10,000 as an undertaking. Defendant appeals...

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