Montmarte, Inc. v. Salvation Army

On the appeals from the orders (1) entered June 3, 1963, granting defendants’ motion to open their default in opposing plaintiffs’ motion for summary judgment on condition that defendants furnish a surety bond in the sum of $50,000, and (2) entered on July 3, 1963, denying defendants’ motion to open the default upon failure to comply with the condition imposed in the order of June 3, 1963, the said orders are unanimously modified as to defendant Krause to the extent of opening his default and modifying the order of April 23, 1963 which granted the plaintiffs’ motion for summary judgment to…