Carlin Trading Corp. v. Bennett

Order, entered May 17, 1965, in an action to foreclose a $1,250 mortgage, granting defendant Bennett’s motion to set aside her default, to vacate the inquest, and to restore the action to the Trial Calendar, unanimously modified, on the law and in the exercise of discretion to eliminate the condition that defendants post a $1,325 bond to secure any judgment that plaintiff may obtain and to direct a prompt trial, with $30 costs and disbursements on this appeal to abide the event. The very circumstances which led the court to set aside the default and vacate the inquest warrant that such relief…