Kearns v. City of Buffalo

TMs is a motion for an order dismissing the complaint and directing judgment in favor of the defendant on the ground that the action has no merit and, in the event such order is not granted, for an order directing a separate trial as to the validity, force and effect of a so-called general release given by plaintiff to the defendant.

The motion to dismiss the complaint and for judgment in favor of the defendant is denied, for the reason, among others, that the plaintiff contends by pleading and affidavits that the purported release was executed under a mistake of fact, was illegal, was…