Wasserman v. Tortora

The order vacating default judgment should be unanimously reversed on the law, without costs, and motion denied without prejudice to a renewal on proper papers.

Defendant failed to submit an affidavit of the merits of his defense (Fritz v. Farber, 11 Misc 2d 485).

Concur — Pette, Habt and Brown, JJ.

Order reversed, etc.