TOWNSEND v. TORRES


182 A.D.2d 1140 (1992)

Stephen C. Townsend, Respondent, v. Jason Torres, Appellant

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

April 24, 1992


Order insofar as appealed from unanimously reversed on the law with costs and so much of order as required security vacated.

Memorandum:

Under the circumstances of this case, it was an abuse of discretion for Supreme Court to condition the grant of defendant's vacatur application upon the posting of security. Here, there was no showing of any circumstances to warrant the requirement of posting security (see, Mark IV Homes v Evans Gardens,

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