Carr v. Carr

Defendant moves to set aside a final judgment rendered and entered in the Chautauqua county clerk’s office in the above-entitled action. Plaintiff brought this action for separation and defendant counterclaimed for divorce. Prior to the taking of testimony the defendant deposited with a bank, in accordance with an escrow agreement, the sum of $2,500. That sum was to be given in payment of alimony, counsel fees and all claims existing between the parties. The agreement provided that the money so deposited should be paid to plaintiff’s attorney upon presentation to the bank of a certified copy…