Ordered that the order is modified by deleting the last decretal paragraph thereof and substituting therefor the following: "the plaintiff's motion for leave to enter a default judgment against the defendant Jacob Fleischer is denied without prejudice to renewal on proper papers"; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff's motion for leave to enter a default judgment was not based on an affidavit...
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