Appellate Division of the Supreme Court of New York, 1956

Shipman v. Bennett

Shipman v. Bennett
Appellate Division of the Supreme Court of New York · Decided October 15, 1956
2 A.D.2d 857; 155 N.Y.S.2d 938; 1956 N.Y. App. Div. LEXIS 4202
Shipman v. Bennett

Opinion of the Court

In an action to set aside a judgment on the ground of fraud, order denying appellants’ motion to dismiss the complaint reversed, with $10 costs and disbursements, and motion granted. Order granting respondents’ motion to enjoin enforcement of a judgment in another action reversed, without costs, and motion denied. The complaint fails to state facts sufficient to constitute a cause of action. Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur.

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