Opinion
May 31, 1990
Appeal from the Supreme Court, New York County (Phyllis B. Gangel-Jacob, J.).
Upon vacating Fuller's prior default, the court was well within its discretion to impose sanctions and direct the posting of an undertaking. Upon vacating a default judgment a court is well within its discretion to, in equity, impose such conditions under CPLR 5015 (a). This is particularly true since Fuller suggested that it post such an undertaking in support of its application to vacate the default. (A.G. Serv. Co. v. Interboro Contrs., 64 A.D.2d 880; DFI Communications v. Golden Penn Theatre Ticket Serv., 87 A.D.2d 778.) Having properly exercised its discretion in conditioning vacatur upon the posting of the bond, pending determination of Summit's motion for partial summary judgment, the court was likewise within its discretion to continue the bond until disposition of the cross claims between these two defendants. That Fuller had failed to comply with the requirement of posting the bond pursuant to the order entered June 6, 1989, requiring that Fuller post such undertaking, creates no procedural or other bar to the result sought to be achieved by the court.
Concur — Sullivan, J.P., Ross, Kassal, Ellerin and Wallach, JJ.