Appellate Division of the Supreme Court of the State of New York November 14, 1972 (Margolies v. Chaffer)

Order and judgment (one paper), Supreme Court, New York County entered on January 4, 1972, so far as appealed from, affirmed. Concur—McGivern, J. P., Markewich and McNally, JJ.; Nunez and Murphy, JJ., dissent in the following memorandum by Murphy, J.: We disagree and do not believe that, under the circumstances of this case, judgment by default should have been granted unconditionally.