Opinion
November 22, 1938.
Present — Hill, P.J., Rhodes, McNamee, Crapser and Bliss, JJ.
Motion by defendant to be relieved from a stipulation in a submitted controversy on the ground that additional facts are asserted to have come to the attention of the defendant. Motion granted, and submission of controversy dismissed, without prejudice to the plaintiff to bring a new action; with a full bill of costs and disbursements to the plaintiff.