Ordered that the order is modified, on the law, by deleting the words "without prejudice to defendant's right to bring a plenary action to rescind the stipulation"; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.
Where, as here, an action has not been terminated, a challenge to a stipulation entered into during the course of the litigation need not be made by commencing a plenary action, but may be made by motion (see...
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