Appellate Division of the Supreme Court of the State of New York April 10, 1908 (Manhasset Point Co. v. Wright)

Laughlin, J.:

This is an action at law to recover the sum of $100,000 damages for an alleged breach of contract by the defendant. At the outset *471the learned counsel for appellant claims that the court was precluded from dismissing the complaint by a stipulation made in open court at a prior term when the case was moved for trial and a like motion was made to dismiss the complaint whereupon it