[Download] "Thompson Medical Company v. Benjamin Pharmaceuticals" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Thompson Medical Company v. Benjamin Pharmaceuticals
- Author : Supreme Court of New York
- Release Date : January 06, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
[4 A.D.2d 504 Page 504] Insofar as the power of the court to set aside the stipulation of settlement is concerned, this case is to be distinguished
from Yonkers Fur Dressing Co. v. Royal Ins. Co. (247 N. Y. 435). There as the result of a stipulation the action was finally
terminated and marked discontinued. The action was completely removed from the jurisdiction of the court and it was accordingly
held that relief from the stipulation could be obtained only in an action to set it aside. Here although there was a stipulation
of settlement the action was still kept alive and was still within the court's jurisdiction. This is indicated by the provisions
of the stipulation itself. We therefore do not question the power of the court below to set aside the stipulation on motion.