The Superior Court of New York City July 1, 1874 (Phillips v. Wicks)

Monell, Ch. J.

It is very clear, I think, that the relief sought for by this motion, if it can be obtained at all, can be obtained only by action.

In a proper case, with all the parties before the court, an agreement between the parties to an action, made after its commencement, in respect to the subject of it, may very properly be enforced.