Castle v. Gaseteria Oil Corp.
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 defendants Andre Cadet and Charles Fortune appeal from an order of the Supreme Court, Kings County (Dowd, J.), dated August 11, 1998, which denied their motion for leave to amend their answer to assert the affirmative defense of release, and for summary judgment dismissing the complaint insofar as asserted against them based on that defense.
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and…
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