HELLER v. WARD


10 A.D.2d 633 (1960)

Norman Heller, Appellant, v. Eugene J. Ward et al., Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 8, 1960


Order modified by striking therefrom everything following the word "hereby" in the second ordering paragraph and by substituting therefor the word "denied". As so modified, order insofar as appealed from affirmed, with $10 costs and disbursements to appellant, without prejudice, if respondents be so advised, to a renewal of the motion upon proper papers.

The facts stated in the moving papers are insufficient to show that the respondents' default was due to mistake...

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