Gish Realty Corp. v. Moskowitz , 13 Misc. 2d 314 ( 1958 )

Per Curiam.

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, Habt and Bbown, JJ.

Order reversed, etc.