Foresto v. Forker

Plaintiff moves to vacate a judgment and obtain restitution of moneys collected from him by the Sheriff upon an execution. The execution was issued upon a judgment entered by defendant for disbursements only, pursuant to order of a Judge of this court.

The action itself is awaiting retrial after a judgment of the Appellate Term reversing a prior judgment on a plaintiff’s verdict. Costs were awarded to defendant to abide the event. The Sheriff has been stayed from further proceedings under the execution and is still in possession of the moneys collected under it.

*478The judgment was erroneously…