White v. Hall
Appellate Division of the Supreme Court of the State of New York
Order affirmed, with ten dollars costs and disbursements, without prejudice to another application upon new papers.
1Opinion of the Court
Per Curiam :
The rule that an application of this kind cannot be granted without an affidavit of merits in proper form is too well settled to be now questioned. The affidavit *619of merits submitted by the defendants in this action was clearly insufficient, and for that reason the motion below was properly denied. The moving affidavit of Henry L. Clark was also insufficient in that it states that he expects to prove certain things by witnesses, and not that he can prove them. (See McPhail v. Ridout, 83 Hun, 446; Thurfjell v. Witherbee 70 id. 401.) We do not wish to be understood as passing upon…
2Cases cited1 opinion
- McPhail v. RidoutNew York Supreme Court · 1894
3Cited by3 opinions
- Lyman v. Gramercy ClubAppellate Division of the Supreme Court of the State of New York · 1898
- Dairymen's League Co-Operative Ass'n v. BrundoNew York Supreme Court · 1927
- Lyman v. Gramercy Club & The Fidelity & Deposit Co. of MarylandAppellate Division of the Supreme Court of the State of New York · 1898