H.H. Mink Co. v. G & T Terminal Packaging Co.

Order unanimously modified and, as modified, affirmed, with costs to appellant, in accordance with the following memorandum: Defendant appeals from the part of an order directing that it file a bond as a condition of vacating a default judgment. We find no showing of circumstances that would require security {Mark IV Homes v Evans Gardens, 57 AD2d 701). Plaintiff’s counsel argues that it was proper for the court to require security since the court might have determined that the default was intentional. This argument fails since only excusable, hence unintentional, defaults may be vacated and…