Lyons v. New York Rapid Transit Corp. , 23 N.Y.S.2d 810 ( 1940 )

Motion to vacate respondent’s default, to set aside the decision heretofore made herein, and for reargument of the appeal, denied, without costs. The record clearly shows that there is no merit to the cause of action, and there is little likelihood that the respondent would succeed if the default were opened. Present • — ■ Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.