Pacific Northern Fence Corp. v. Allied Fabricators, Inc.

In an action upon certain promissory notes, defendant appeals from an order of the Supreme Court, Nassau County, dated March 13, 1963, which denied its motion to open its default in pleading and to vacate the judgment for $4,189.99 entered February 14, 1963 upon such default. The order was made on a decision by the Special Term, dated February 26, 1963, granting defendant’s motion “ on condition that the defendant file with the proposed order, a surety company bond in the penal sum of $4,500.” The decision provided further that “ In the event an order is not submitted to the court for…