Mitchell v. Simon

Judgment entered August 15, 1955, reversed, on the law and facts, with costs, and matter remitted to the Supreme Court of Erie County *798to permit application by plaintiff for judgment as upon a default. See memorandum filed in companion case of Fasciana v. Simon (1 A D 2d 797). All concur. (Appeal from a judgment of Brie Trial Term in favor of defendant Simon for no cause of action, in an automobile negligence action.) Present■— McCurn, P. J., Vaughan, Kimball, Wheeler and Williams, JJ.