Rosalie C. Barry, Appellant v. the Mutual Life Insurance Company of New York, Appellant, and William H. Brune Et…

Summary

The New York Court of Appeals dismissed the appeal challenging the Special Term's order vacating a stipulation and directing the return of deposited funds. The Court held that such an order is discretionary and not subject to appellate review, and affirmed the lower court's inherent power to set aside stipulations made during the progress of an action.