WEDAB CORP. v. WEINGER


283 A.D. 877 (1954)

Wedab Corporation, Appellant, v. George Weinger, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 5, 1954.


Order modified on the law, by striking therefrom the first and third ordering paragraphs and by substituting in place of the first ordering paragraph a provision that said defendant's motion is denied. As so modified, the order is affirmed, with $10 costs and disbursements to appellant to abide the event of a trial.

If defendant Weinger is to prevail, it must be on proof that defendants' default, by reason of which plaintiff elected to declare the entire principal...

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