254 Fifth Avenue Corp. v. Kassin

7 A.D.2d 969 | N.Y. App. Div. | 1959

Order unanimously modified so as to grant the motion to dismiss the complaint unconditionally, with leave however to plaintiff to move to vacate the dismissal upon proper papers containing a sufficient affidavit of merits; and, as so modified, the said order is affirmed, with $20 costs and disbursements to the appellants. Concur — Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.