Thompson Medical Co. v. Benjamin Pharmaceuticals, Inc.

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 action to set it aside. Here although there was a stipulation of settlement the action was still kept alive and was still within the court’s jurisdiction.…