Poland v. B. & N. Cab Corp.

Order entered August 12, 1975, Supreme Court, New York County, unanimously affirmed, with $40 costs and disbursements to respondent. A previous order by Postel, J. entered June 19, 1975 denied plaintiff-respondent’s cross motion for an order directing an assessment of damages and entry of a default judgment, and granted defendant-appellant’s motion to dismiss the complaint "but with leave to plaintiff to make a prompt application to vacate such dismissal and to renew his application for the relief requested herein on proper papers, including an affidavit by plaintiff himself * * * factually…