Polytemp, Inc. v. Sell

In an action on a contract, defendant appeals (by permission) from so much of an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated October 6, 1976, as affirmed an order of the County Court, Westchester County, dated February 25, 1974, which denied a motion by defendant to vacate a default judgment entered in the County Court on December 3,1973. Order reversed insofar as appealed from, without costs or disbursements, and motion to open default granted, on condition that defendant pay the amount of $200 to the plaintiff within 20 days after…