Legal Opinion
DeCosta v. Williams
New York Supreme Court
Decided May 20, 1983PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Charles H. Cohen, J.
In this action to recover damages for personal injuries arising out of an automobile accident which took place on March 6, 1981, brought by plaintiff Carol Van Rossum DeCosta (and for loss of services and medical expenses brought by her husband, Jocelyn DeCosta) defendants interposed a fourth affirmative defense alleging “settlement, payment and release.”
Plaintiffs made a motion for an order striking that defense. The court, characterizing the motion as one for summary judgment — the notice of motion not having specified the grounds for the motion as…
2Cases cited19 opinions
- Mangini v. McClurgNew York Court of Appeals · 1969
- Cahill v. ReganNew York Court of Appeals · 1959
- Stevenson v. News Syndicate Co.New York Court of Appeals · 1950
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Cullen v. NaplesNew York Court of Appeals · 1972
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3Cited by4 opinions
- Perritano v. Town of MamaroneckAppellate Division of the Supreme Court of the State of New York · 1987
- Galin Corporation and Petropak, Inc. v. MCI Telecommunications CorporationCourt of Appeals for the Fifth Circuit · 1994
- Cortino v. London Terrace GardensAppellate Division of the Supreme Court of the State of New York · 1991
- Galin Corp. v. MCI Telecommunications Corp.Court of Appeals for the Fifth Circuit · 1994