Order affirmed, without costs.
The writ having been withdrawn, there was no longer a pending proceeding in which appellant's motion could be entertained. However, a new writ may issue and this stipulation is not of such character that, in proceedings on any new writ, it would be held to be a binding contract which could be set aside only upon grounds authorizing rescission. (Cf. Bond v. Bond, 260 App. Div. 781; Yonkers Fur Dressing Co. v. Royal Ins. Co....
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