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CALLAHAN HYDRAULICS, INC. v. MECH. MAN CAR WASH MFG. CO., INC.

43 A.D.2d 896 (1974)

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

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

January 17, 1974

Order unanimously reversed, without costs, defendant's motion granted and judgment vacated, upon condition defendant serve an answer with 20 days.

Memorandum:

A prima facie meritorious 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"...

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