Baird v. Reese

Plaintiff has moved to vacate and annul all proceedings in this

court in this action and to cancel and revoke the court’s decision on such appeal rendered on January 22, 1941 [261 App. Div. 870], and the order of affirmance thereon entered in this court on February 5, 1941, The facts are somewhat unusual. The case was tried before the late Justice Rogers, without a jury, at a Trial Term of Supreme Court held at Johnstown, N. Y., on October 9, 1940. The same facts are present in this case which exist in Fulton County Bank v. Reese (249 App. Div. 702). In that action the present plaintiff was…