Fox v. Fox
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick H. Cox, from an order of the County Court of Queens county, entered in the office of the clerk of said, county on the 26th day of November, 1907, denying the said defendant’s motion to vacate and set aside a certain portion of an interlocutory judgment of said court theretofore entered herein and directing a new trial.
1Opinion of the Court
Jenks, J.:
This action, brought in tlie County Court for a partition of certain parcels of realty, proceeded to an interlocutory judgment. Thereupon Cox, one of the defendants in that court, Upon his affidavit and upon the testimony and all the papers in the action, moved for an order to vacate and to set aside the said interlocutory judgment, to allow and to direct a new trial of the issues raised by his answer and the reply thereto, and to grant to him such other and further order and relief as might be just and equitable. This appeal is by Cox from the order denying liis motion to vacate…
2Cases cited2 opinions
- Raynor v. . RaynorNew York Court of Appeals · 1883
- Russ v. MaxwellAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Henn v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1920
- Betor v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1920