Pacific Northern Fence Corporation v. Allied Fabricators

Defendant's time to serve its answer is extended until 20 days after entry of the order hereon. Where, as here, the record shows that the default was unintentional, it was improper, as a condition to opening the default, to require that the defendant post a surety company bond. In our opinion it is sufficient that the default judgment stand as security (Schlein v. Schlein, 276 App. Div. 951; Machina v. Pryzgoda, 282 App. Div. 1051). Disposition Order reversed, without costs, and motion to open defendant's default granted 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.