Shipman v. Bennett — 2 A.D.2d 857

Majority

p. 857

William G. Shipman et al., Respondents, v. Charles H. Bennett et al., Appellants.

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.