Opinion
October 13, 1954.
Present — Cohn, J.P., Callahan, Breitel, Bastow and Botein, JJ.
Order unanimously reversed and the motion to vacate default granted upon condition that defendant pay taxable costs to date and, in addition, pay to plaintiff the sum of $200 for disbursements incurred; and upon the further condition that defendant furnish a surety company bond in the sum of $8,000 to ensure payment of any judgment which may ultimately be obtained. On this record the relief indicated is warranted. Settle order on notice.