Rockowitz Corset & Brassiere Corp. v. Madame X Co.

This cause was tried in October, 1925, and a permanent injunction granted restraining the defendants from infringing upon plaintiff’s trade-mark. An appeal was taken which is now pending *837before the Appellate Division. Defendants move to vacate the judgment on the ground that it was obtained by fraud and perjury, and by concealment and suppression of evidence, and seek a new trial because of newly-discovered evidence. A separate motion is also made by defendants Weil to declare the action as to them settled by reason of an alleged stipulation in writing dated October 5, 1925, and signed by the…