Poirier & McLane Corp. v. State

The defendant, State of New York, moves, pursuant to subdivision 6 of rule 107 of the Buies of Civil Practice, to dismiss the claim upon the ground that said claim has been released.

To obviate any question as to the timeliness of the motion, the lawyers have executed a formal stipulation agreeing that the motion may be made now because the parties desire that the issue of release “be disposed of on motion in advance of any trial on the merits On the oral argument and in the respective briefs, counsel have confirmed the foregoing.

On July 14,1950, after appropriate bidding, the parties hereto…