10 N.Y.S. 507 | N.Y. Sup. Ct. | 1890
Agreements and stipulations made between the parties to a pending action, and relating to its prosecution or discontinuance, are regarded as specially within the supervision and control of the court, and a wide discretion is exercised in relieving parties from such agreements, even though made upon sufficient consideration, if only both parties can be restored to the same condition as when the agreement was made. It is not necessary in such
Macomber, J„ concurs. Coblett, J., not voting.