COHEN v. BIRCHWOOD PARK FRENCH DRY CLEANERS, INC.


18 A.D.2d 688 (1962)

Irving Cohen et al., Respondents, v. Birchwood Park French Dry Cleaners, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 17, 1962


Order affirmed, with $10 costs and disbursements, and without prejudice to the commencement of any new plenary action for appropriate relief, if defendants be so advised.

The motion was denied at Special Term on the grounds that no fraud had been practiced by the plaintiffs; and that, in any event, the fraud, if any, was collateral to the matters which were involved in the settlement. In our opinion, since there was no judicial...

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