Harkavy v. Bay State Manufacturing Co.

The order should be unanimously reversed upon the law and facts, with $10 costs to the plaintiff, and defendant’s motion to open its default and vacate the- judgment entered thereon denied, with leave to renew upon proper papers. The defendant failed to submit an affidavit factually sufficient to show that it has a meritorious defense to the action (Rothschild v. Haviland, 172 App. Div. 562).

Concur — Pette, Hart and Brows", JJ.

Order reversed, etc.