Zissu, Lore, Halper and Robson v. Siegel

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before LUPIANO
• Citation: Zissu, Lore, Halper and Robson v. Siegel, 400 N.Y.S.2d 45, 60 A.D.2d 531 (N.Y. App. Div. 1977)
• Decision Date: 13 December 1977
• Parties: ZISSU, LORE, HALPER & ROBSON, Plaintiff-Appellant, v. Arlene SIEGEL et al., Defendants-Respondents.

Page 45

400 N.Y.S.2d 45

60 A.D.2d 531

ZISSU, LORE, HALPER & ROBSON, Plaintiff-Appellant, v. Arlene SIEGEL et al., Defendants-Respondents.

Supreme Court, Appellate Division, First Department.

Dec. 13, 1977.

R. L. Zissu, New York City, for plaintiff-appellant.

R. M. Cohn, New York City, for defendants-respondents.

Before LUPIANO, J. P., and BIRNS, SILVERMAN and EVANS, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County, entered August 5, 1977, which granted defendants' motion to vacate a default judgment entered on April 5, 1977, is unanimously modified on the law, on the facts and in the exercise of discretion to impose the following conditions on the grant of the motion to vacate, to be satisfied within 20 days of service upon defendants of a copy of the order to be entered herein with notice of entry: (a) that defendants' attorney personally pay $1,000.00 to plaintiff; (b) that defendants furnish a bond of $20,000.00 to secure payment of any judgment up to that amount and (c) that defendants pay to plaintiff all costs in the action to date including costs and disbursements on this appeal; and otherwise affirmed with $40 costs and disbursements to plaintiff. If these conditions are not met, the order is reversed and the motion to vacate denied with $40 costs and disbursements payable to plaintiff.

Defendants' attorney, over a period of six months and ten separate trial dates (at which plaintiff answered ...