Pase Motors, Inc. v. Lawton

The defendant failed to submit a proper affidavit touching upon the merits of his defense to the action. (Wasserman v. Tortora, 15 Mise 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 Gtovanna and Benjamin, JJ.

Order reversed, etc.