Legal Opinion

Gustavus J. Esselen, Inc. v. Visor

Appellate Terms of the Supreme Court of New York

Decided June 10, 1943PublishedCited by 3 opinions

1Opinion of the Court

Memorandum Per Curiam.

The default was neither intentional nor willful. It was improper to require the filing of cash or a bond as a condition for opening the default.

Order modified by striking therefrom the condition for giving cash security or surety bond, and as modified affirmed. Case set down for trial for June 18, 1943.

Shientag, McLaughlin and Hecht, JJ., concur.

2Cited by3 opinions

  1. Aiello v. BaldasareAppellate Terms of the Supreme Court of New York · 1959
  2. Gallagher v. TantaloNew York Supreme Court · 1958
  3. Heiland v. SalmNew York Supreme Court · 1955