Appellate Division of the Supreme Court of the State of New York December 23, 1980 (Ciccarella v. McCarthy)

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Under the circumstances it was an abuse of discretion for Special Term in vacating the default judgment not to require that the judgment remain as security for any recovery plaintiff might obtain (see Rawson v Austin, 49 AD2d 803).