The opinion
FINELITE, J.
Motion for a new trial upon a proposed case served upon plaintiff’s attorneys, which, however, they have returned, and also for a stay. The jury having awarded a verdict in favor of the plaintiff, the court, on the rendition of said verdict, set same aside and dismissed the complaint. Plaintiff having appealed and said verdict having been reinstated ( 108 N. Y. Supp. 653 ), defendant now moves for a new trial at Special Term and for a stay pending the settlement of said case. The case should be submitted for settlement to the trial justice. However, I shall grant a stay until the matter is so disposed of by him.