De Simone v. Yonkers Railroad

In view of the fact that the alleged stipulation was not made in open court before the referee, it is doubtful whether it may be enforced under rule 11 of the court rules.* We think that the motion should have been denied. The order is reversed, with ten dollars costs and disbursements, and the motion denied, without costs. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.