Department of Housing Preservation & Development of New York v. Austern

OPINION OF THE COURT

Edward H. Lehner, J.

Plaintiff obtained a default judgment on October 24, 1980 for civil penalties pursuant to section D26-51.01 of the Administrative Code of the City of New York in the amount of $59,770 against both defendants. By order dated June 11,1981, Housing Court Judge Trussed set aside the judgment as to the defendant Austern on condition he obtain a bond in the amount of $5,000. By notice of motion dated July 16, 1981 said defendant requested the opportunity to post alternative security in the form of a savings bank deposit with a withdrawal slip signed in blank…