McKegney v. Kosmak

Order appealed from unanimously modified so as to dismiss complaint unconditionally unless plaintiff within ten days after service of the order disposing of this appeal furnishes a further affidavit of merits satisfactory to Special Term. The affidavits furnished were insufficient but indicate that opportunity should be afforded plaintiff to satisfy any deficiency. Settle order. Present - — ■ Cohn, J. P., Callahan, Breitel, Botein and Rabin, JJ.