Enterprise Window Cleaning Co. v. Slowuta

Order entered on September 14, 1966 vacating final decree dated April 3, 1933, unanimously reversed, on the law and the facts and in the exercise of discretion, with $30 costs and disbursements to abide the event, and the matter remanded for hearing. Prima facie respondent makes out a persuasive case for the requested vacatur. The papers in opposition, however, contain some conflicting allegations regarding the current situation which in our judgment preclude a determination on affidavits alone. Settle order on notice. Concur — Botein, P. J., Stevens, Capozzoli, Rabin and McNally, JJ. [51 Misc 2d 482.]