Davis v. Colonial Sand & Stone Co. of N. J., Inc.

Concur — Stevens, J. P., Eager and 'Steuer, JJ.; Capozzoli and MeGivern, JJ., who dissent in the following memorandum by MeGivern, J.: I dissent and would reverse. In my view there was no deliberate and willful default by appellants of the conditions imposed by this court on its prior appeal. When this court on the prior appeal granted appellants leave to renew their motion to open their default on condition they pay a full bill of costs to date plus $250, such payment to be made within ten days after service of a copy of this court’s order, appellants did not unreasonably assume this court…