Schwartz v. Haviv

Supreme Court, New York County, entered December 10, 1979, granting plaintiffs’ motion for a default judgment, is unanimously reversed, without costs on appeal, on the law and the facts, and in the exercise of discretion, and said motion for default judgment is denied on condition that defendants-appellants shall pay to plaintiffs the sum of $300 costs within 20 days after service of a copy of the order determining this appeal; and in the event that such payment is not made within such time, the order appealed from is unanimously affirmed, without costs on appeal. Appeal from order of the…