Opinion
June 13, 1967
Order entered January 4, 1967, granting defendant's motion to open its default and to vacate a default judgment, unanimously modified, in the exercise of discretion to the extent of granting the motion to open defendant's default upon condition that the existing judgment shall remain on record as a lien and as security for any recovery which may be had by plaintiff in this action; and as so modified, the order is affirmed, without costs or disbursements to either party. In our opinion, Special Term properly determined that defendant's default was excusable and should be opened. However, under the circumstances disclosed by the record, as a condition to granting of such relief the judgment should stand as security pending final disposition of the action.
Concur — Stevens, J.P., Eager, Tilzer, Rabin and McGivern, JJ.