Kuder v. Mary , 155 N.Y.S. 305 ( 1915 )

BIJUR, J.

As the order appealed from was granted upon affidavits without a case settled, it is reversed, with $10 costs, upon the authority of Rubin v. Friedman, 69 Misc. Rep. 328, 125 N. Y. Supp. 546, and Altmark v. Haimowitz, 55 Misc. Rep. 195, 105 N. Y. Supp. 205, and judgment reinstated. All concur.