No questions of fact were considered on this appeal. A motion must be addressed to a pending action (Matter of Jetter, 78 N.Y. 601, 605). In the instant case, the action was effectively terminated by the foreclosing of the mortgages. Therefore, respondent's sole remedy was to bring a plenary suit rather than to seek an order to settle the stipulation (Yonkers Fur Dressing Co. v. Royal Ins. Co., 247 N.Y. 435; American Progressive Health Ins. Co. of N. Y. v...
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