Blauvelt v. Village of Nyack

its chief, J.

The plaintiff was a passenger in an automobile driven by the defendant Jupp, and claims to have sustained injuries as the result of the negligence of the village of Nyack in permitting a depression to exist in a village street, and by reason of the negligence of the defendant Jupp in the operation of the automobile.

After joining issue, the defendant village settled with the plaintiff and paid him $8,000, receiving a general release reserving the plaintiff’s cause of action against the defendant Jupp.

*731A stipulation discontinuing the action as against the village of Nyack is filed…