Marx v. Marx (279 A.D. 921, 1952)

Comparing 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.