Morrison v. First Empire Funding Corp.

— Order unanimously modified on the law and in the exercise of discretion and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court abused its discretion in requiring defendant to reimburse plaintiff for all future attorney’s fees and stenographic expenses as a condition of granting defendant’s cross motion to vacate the prior order of *680preclusion. The court has the ability to impose sanctions as a condition for vacating the default, but the sanctions imposed in this case are so open-ended and onerous that they will effectively deprive defendant of its…