ETTLINGER v. LEPOW SECURITIES

Per Curiam.

Where the record shows a default was not willful it is improper to require the posting of cash or a bond as a condition of opening the default. ( Schlein v. Schlein, 276 App. Div. 951.) The condition that the judgment stand as security would have been sufficient. ( Aiello v. Baldasare, 17 Misc.2d 449.)

The order below should be modified to the extent of striking therefrom the condition of posting cash or a bond, and substituting therefor the condition that the judgment stand as security, and as modified affirmed, with $10 costs to defendants.

Concur — HOFSTADTER, J.P., AURELIO and TILZER, JJ.

Order modified, etc.