Majority
p. 852Harry Spiegel, Appellant, v. Adrian M. Potter, Respondent.
Order reversed upon the law, with ten dollars costs and disbursements. Plaintiff’s motion for summary judgment granted, with ten dollars costs. The defendant presented no proof by affidavit or otherwise of any facts sufficient to entitle him to defend within rule 113 of the Rules of Civil Practice. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.