
    Gish Realty Corporation, Appellant, v. Bernard Moskowitz, Respondent.
    Supreme Court, Appellate Term, Second Department,
    May 20, 1958.
    
      Isadore B. Hurwitz for appellant.
    
      Pearlman & Gottesman for respondent.
   Per Curiam.

The defendant failed to submit an affidavit factually sufficient to show that he has a meritorious defense to the action (Rothschild v. Haviland, 172 App. Div. 562).

The order should be unanimously reversed upon the law and facts, with $10 costs to the plaintiff and the defendant’s motion to open his default to vacate the judgment thereon denied, with leave to renew upon proper papers.

Concur — Pette, Habt and Bbown, JJ.

Order reversed, etc.  