New York Supreme Court July 15, 1891 (Reuben v. Andorsky)

Hardin, P. J.

Appellant criticises the affidavit of the respondent used upon the motion. The appeal-book does not show that any objection was to the affidavit at the special term. However, we are of the opinion that the criticism is not controlling. We think the affidavit was not fatally defective. We have had occasion to express our views in Gilbert v. Cart Co., 15 N. Y. Supp.