Kavoukian v. Kaletta
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal from an order of the Supreme Court (McNamara, J.), entered March 6, 2001 in Albany County, which denied defendant’s motion to dismiss the complaint on the ground of a prior release.
On October 28, 1998, plaintiff and defendant were involved in an automobile accident on Central Avenue in the City of Albany. Plaintiff, a resident of Vermont, was treated the following day for a whiplash-type injury and had approximately $800 worth of damage to his automobile. On November 1, 1998, plaintiff informed Nationwide Insurance Company, defendant’s insurance carrier, of the accident and made…
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