PER CURIAM.
Once a case has been settled pursuant to stipulation it is finally terminated and may not be set down for trial on motion. The defendant, respondent's remedy is not a motion to set aside the judgment entered pursuant to such settlement. He may bring suit for breach of the terms of such stipulation. ( Naegeli Furniture Co. v. Holstein, 175 N.Y.S. 779, and cases cited therein.)
Order reversed, with ten dollars costs, and motion denied.
All concur; present, CALLAHAN, FRANKENTHALER and SHIENTAG, JJ.