Fred Weinkauff, Inc. v. Giacopelli

—In an action to recover payment for goods sold and delivered in the amount of $28,819.88, plaintiff appeals from an order of the Supreme Court, Nassau County (Molloy, J.), dated May 24, 1984, which granted defendants’ motion to vacate a default judgment upon condition that defendants’ attorney pay to plaintiff’s attorney the sum of $350.

Order modified, as a matter of discretion, by providing that as a further condition of the vacatur, the judgment shall stand as security pending the disposition of the action. As so modified, order affirmed, without costs or disbursements.

Special Term did not…