Burton v. Niagara Mohawk Power Corp.

Plaintiff is an infant and maintains the action, commenced in 1950, for $200,000 for damages against the defendant utility corporation for a fall in 1939 in a hole created by the defendant’s corporate predecessor in Broadway, Albany.

The complaint pleads two causes of action, the first to rescind a release executed on the plaintiff’s behalf in 1939 which settled the claim for $25 on the ground of mutual mistake of fact by the parties as to the gravity of his injury; and the second cause *357of action for the'recovery of damages for the injury in 1939.

The court at Special Term has denied…