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THOMPSON MED. CO., INC. v. BENJAMIN PHARMS., INC.

4 A.D.2d 504 (1957)

Thompson Medical Company, Inc., Appellant v. Benjamin Pharmaceuticals, Inc., Respondent

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

November 6, 1957.

Attorney(s) appearing for the Case

Patricia Hatry of counsel (Davis & Gilbert, attorneys), for appellant.

Samuel J. Stoll for respondent.

RABIN, J. P., FRANK, VALENTE, McNALLY and BERGAN, JJ., concur.

Per Curiam.

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...

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