¶1Comparing the proof adduced at the trial with the facts upon which the motion to vacate the judgment is based reveals that the movant’s showing is insufficient to "warrant the conclusion that a different result would ensue on a new trial. (Cook v. Cook, 342 U. S. 126; Dalton v. Dalton, 270 App. Div. 269, 273.) Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.
279 A.D. 921
Marx v. Marx
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1952
Appellate Division of the Supreme Court of the State of New York · decided 1952-03-10
Relies on Cook v. Cook
Decided 1952-03-10