Callahan Hydraulics, Inc. v. Mechanical Man Car Wash Manufacturing Co.

Order unanimously reversed, without costs, defendant’s motion granted and judgment vacated, upon con- ■ dition defendant serve an answer with 20 days. Memorandum: A prima fade *897meritorious defense to plaintiff’s action on two notes is established in the record. Defendant has not offered mere conclusions, which would be legally insufficient, but has shown “ that there is support in fact for [its] denials and defenses ” (Investment Corp. of Philadelphia v. Spector, 12 A D 2d 911). It is sufficient that a meritorious defense be raised by affidavits rather than by submission of a proposed answer.…