PASE MOTORS v. LAWTON

Supreme Court, Appellate Term, Second Department.

Mar 12, 1959

Judgment

CaseIQ

Per Curiam.

The defendant failed to submit a proper affidavit touching upon the merits of his defense to the action. ( Wasserman v. Tortora, 15 Misc.2d 1000.)

The order should be unanimously reversed on the law without costs and motion denied, without prejudice to a renewal on proper papers.

Concur — PETTE, DI GIOVANNA and BENJAMIN, JJ.

Order reversed, etc.