Favole v. Gallo

Action to recover damages for personal injuries. The defendants interposed a defense of release. The plaintiff, in his reply, demed the allegations of this defense. Defendants moved for summary judgment under rule 113 of the Rules of Civil Practice. Resettled order denying motion reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The documentary evidence supports the defense. No affidavits were interposed by the plaintiff from affiants having personal knowledge and avoiding in an evidentiary way the effect of the release. Therefore, no…