
    David Harkavy, Appellant, v. Bay State Manufacturing Co., Inc., Respondent.
    Supreme Court, Appellate Term, Second Department,
    June 17, 1958.
    
      Max Schulman and Bernard Meyerson for appellant.
    
      William S. Simons for respondent.
   Per Curiam.

The order should be unanimously reversed upon the law and facts, with $10 costs to the plaintiff, and defendant’s motion to open its default and vacate the- judgment entered thereon denied, with leave to renew upon proper papers. The defendant failed to submit an affidavit factually sufficient to show that it has a meritorious defense to the action (Rothschild v. Haviland, 172 App. Div. 562).

Concur — Pette, Hart and Brows", JJ.

Order reversed, etc.  