Curtis v. Greene

Daniels, J.:

As the motion which resulted in the order vacated by the order from which the appeal has been taken related to proceedings had under the judgment after it had been entered, it could regularly be made, as it was, in the county of 'Westchester, -although the judgment itself had been recovered and entered in the county of New York. For these proceedings were wholly had in Westchester county, and, being taken after the judgment, the motion affecting them was not therefore controlled by section 769 of the Code of Civil Procedure. As that has been construed in Phillips v. Wheeler (67 N.…