Legal Opinion

Williams v. Jarnot Ardisson Co.

Appellate Terms of the Supreme Court of New York

Decided September 25, 1959Published

1Per curiam

Plaintiffs failed to submit an affidavit factually sufficient to show that they have a meritorious cause of action. (Lunghino v. Marine Trust Co. of Buffalo, 163 Misc. 765; Rothschild v. Haviland, 172 App. Div. 562.)

The order should be unanimously reversed, with $10 costs and taxable disbursements to defendant and motion to open plaintiffs’ default and to restore case to calendar denied with leave to renew upon proper papers.

Concur — Pette, Hart and Brown, JJ.

Order reversed, etc.

2Cases cited2 opinions

  1. Rothschild v. HavilandAppellate Division of the Supreme Court of the State of New York · 1916
  2. Lunghino v. Marine Trust Co.New York Supreme Court · 1937