Murphy v. Rose

¶1Order granting defendant’s motion to open default in appearing on the trial, reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. We think the default in this case was deliberate. Defendant’s motion papers contain no affidavit of merits or suggestion of defense. Kelly, P. J., Jayeox, Manning, Young and Lazansky, JJ., concur.