WILLIAMS v. JARNOT ARDISSON CO.


19 Misc.2d 782 (1959)

Luequeen Williams et al., Respondents, v. Jarnot Ardisson Co., Appellant.

Supreme Court, Appellate Term, Second Department.

September 25, 1959.


Attorney(s) appearing for the Case

Zipser & Levitt (Sidney N. Zipser of counsel), for appellant.

W. Frederick Peniston for respondents.

Concur — PETTE, HART and BROWN, JJ.


Per 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...

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