Hensey Properties, Inc. v. Lamagna

Order, entered on December 5, 1963, unanimously modified, on the law, on the facts, and in the exorcise of discretion, to provide that the motion to vacate the default of the defendant in answering be conditioned upon payment by defendant to plaintiffs at office of plaintiffs’ attorneys, within 10 days after service of copy of order entered hereon, with notice of entry, the sum of $760 heretofore offered by defendant to cover plaintiffs’ expenses, and in addition $250 costs, plus the costs of the action to date and the costs and disbursements of this appeal, and, as so modified, affirmed,…