Opinion
May 20, 1958
Appeal from the Municipal Court of the City of New York, Borough of Queens, DANIEL F. FITZPATRICK, J.
Isadore B. Hurwitz for appellant.
Pearlman Gottesman for respondent.
The defendant failed to submit an affidavit factually sufficient to show that he has a meritorious defense to the action ( Rothschild v. Haviland, 172 App. Div. 562).
The order should be unanimously reversed upon the law and facts, with $10 costs to the plaintiff and the defendant's motion to open his default to vacate the judgment thereon denied, with leave to renew upon proper papers.
Concur — PETTE, HART and BROWN, JJ.
Order reversed, etc.