2012-12-13 Randy BOND, Respondent, v. Daniel GIEBEL et al., Defendants. Progressive Insurance Company, Proposed Intervenor–Appellant. (Action No. 1.) Randy Bond, Respondent, v. Progressive Insurance Company, Appellant, et al., Defendant. (Action No. 2.) Burke, Scolamiero, Mortati & Hurd, LLP, Albany (Sarah B. Brancatella of counsel), for proposed intervenor-appellant in action No. 1 and appellant in action No. 2. Robert J. Krzys, Amsterdam, for respondent. STEIN Burke, Scolamiero, Mortati & Hurd
May 18, 2000. Appeal from an order of the Supreme Court (Canfield, J.), entered December 15, 1999 in Albany County, which granted defendant's motion to vacate a default judgment entered against it. Miller Meola (Rudolph J. Meola of counsel), Albany, for appellant. Bouck, Holloway, Kiernan Casey (Mark D. Sanza of counsel), Albany, for respondent. Before: MERCURE, J.P., CREW III, PETERS, SPAIN and GRAFFEO, JJ. MEMORANDUM AND ORDER PETERS, J. In December 1997, plaintiff leased an automobile (hereinafter
May 31, 1990 Appeal from the Supreme Court, New York County (Karla Moskowitz, J.). While it is within the discretion of the IAS court to condition the grant of relief upon such terms and conditions as it deems fair under the circumstances (CPLR 5015; Rubin v. Payne, 103 A.D.2d 946; Reporter Co. v. Tomicki, 60 A.D.2d 947), it should not exercise such discretion to condition the opening of a default judgment upon the posting of an undertaking for the full amount of the judgment where there is no showing