Opinion
March 12, 1959
Appeal from the Municipal Court of the City of New York, Borough of Queens, DANIEL E. FITZPATRICK, J.
Paige Berg ( Irving M. Berg of counsel), for appellant.
Edgar Lawton, respondent in person.
The defendant failed to submit a proper affidavit touching upon the merits of his defense to the action. ( Wasserman v. Tortora, 15 Misc.2d 1000.)
The order should be unanimously reversed on the law without costs and motion denied, without prejudice to a renewal on proper papers.
Concur — PETTE, DI GIOVANNA and BENJAMIN, JJ.
Order reversed, etc.