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Appellate Terms of the Supreme Court of New York, 1958

Gish Realty Corp. v. Moskowitz

Gish Realty Corp. v. Moskowitz
Appellate Terms of the Supreme Court of New York · Decided May 20, 1958
13 Misc. 2d 314; 180 N.Y.S.2d 790

Counsel

Isadore B. Hurwitz for appellant., Pearlman & Gottesman for respondent.

Gish Realty Corp. v. Moskowitz

Opinion of the Court

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.

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