Bond Stores, Inc. v. American Union Insurance
187 N.Y.S.2d 475
| N.Y. App. Div. | 1959

Determination of the Appellate Term and the order of the Municipal Court are unanimously reversed, on the law and in the exercise of discretion, with costs in this court and $30 costs and disbursements in the Appellate Term and the motion to vacate and set aside the judgment is denied, with $10 costs. Even taking cognizance of the supplemental affidavit submitted by defendants, it has failed to make an adequate, affirmative showing of a meritorious defense (Barnett Co. v. St. Paul Fire & Marine Ins. Co., 7 A D 2d 897). Concur — Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.