Perry v. Kingston City Transportation Corp.

In 1944 plaintiff, then 2% years old, was struck by defendant’s bus and injured. Claimant’s father was appointed guardian ad litem and the claim was settled in 1948 with the approval of the court at Special Term for $1,000. A release was given. This action is brought by plaintiff for *203damages for the injury sustained in the 1944 accident. The complaint makes no reference to the prior settlement and asks no relief in respect of the release. The answer pleads the release as an affirmative defense. No reply has been interposed, and although the effect of this is either ‘ ‘ traverse or avoidance ’…