Best v. Nemoto Yutaka
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Dowd, J.), dated January 3, 1995, as, upon reargument, adhered to a .prior de*540termination granting the motion of the defendants for leave to amend their answer to assert the affirmative defense of release and for summary judgment dismissing the complaint on that basis.
Ordered that the order is affirmed insofar as appealed from, with costs.
On October 3, 1990, the plaintiff David Best voluntarily executed a document captioned "release of all claims”…
2Cases cited16 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Gillman v. Chase Manhattan Bank, N. A.New York Court of Appeals · 1988
- Mangini v. McClurgNew York Court of Appeals · 1969
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- Sofio v. HughesAppellate Division of the Supreme Court of the State of New York · 1990
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