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SCHLEIN v. SCHLEIN

Appellate Division of the Supreme Court of New York, First Department.
Feb 14, 1950

Per Curiam.

As the default herein was unintentional, on the facts disclosed it was improper to require as a condition for opening the default filing of a bond in the sum of $13,882.10. The judgment may however stand as security.

The order appealed from should be modified by striking out the requirement of filing a bond and allowing the judgment to stand as security, and as so modified the order is affirmed, with $20 costs and disbursements to appellant.

Peck, P.J., Glennon, Dore, Cohn and Sheintag, JJ., concur.

Order, so far as appealed from, unanimously modified by striking out the requirement of filing a bond and allowing the judgment to stand as security, and, as so modified, affirmed, with $20 costs and disbursements to the appellant.