Shipman v. Bennett

After examination of the various claims made by respondents, in this action to set aside a judgment on the ground of fraud, we conclude that the complaint — when construed liberally with a view to substantial justice between the parties — states a cause of action (Civ. Prac. Act, § 275; Morgenstern v. Cohon, 2 N Y 2d 302; Dulberg v. Mock, 1 N Y 2d 54, 56; Curren v. O'Connor, 304 N. Y. 515; Condon v. Associated Hosp. Service, 287 N. Y. 411, 414).

The judgment appealed from dismissing plaintiffs’ complaint should be reversed, and the order of Special Term denying defendants’ motion to dismiss…