Nomako v. Ashton

Order, entered on July 30, 1964, denying defendant’s motion to vacate an ex parte order entered June 30, 1964 striking defendant’s answer upon his default in appearing for an examination before trial, unanimously reversed, on the law, on the facts and in the exercise of discretion, on condition that within 15 days from the entry of the order hereon defendant continues the surety company bond in the sum of $5,000 conditioned on the payment of the judgment, if any, hereafter awarded the plaintiff, and pay to the plaintiff a full bill of costs including plaintiff’s costs and disbursements on…