Legal Opinion

Wheeler v. State

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1955No. Claim No. 30726PublishedCited by 17 opinions

1Opinion of the Court

Bergan, J. P.

Claimant was injured while riding on a State highway in a vehicle driven by her husband. In the course of trial in the Court of Claims in which the only negligence leading to the occurrence of the accident set forth in a pleading was the negligence of the State, a general release in favor of claimant’s husband was offered in evidence by the State.

After taking proof of the facts surrounding the execution of the release, the court received the instrument as an exhibit in evidence over the claimant’s objection; and although a full record was made on merits of the claim, it was…

2Cases cited9 opinions

  1. Farrington v. Harlem Savings BankNew York Court of Appeals · 1939
  2. Bard-Parker Co. v. Dictograph Products Co.Appellate Division of the Supreme Court of the State of New York · 1940
  3. Barry v. LewisAppellate Division of the Supreme Court of the State of New York · 1940
  4. In re the Estate of ClarkAppellate Division of the Supreme Court of the State of New York · 1931
  5. Moses v. CarverAppellate Division of the Supreme Court of the State of New York · 1938

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Mangini v. McClurgNew York Court of Appeals · 1969
  2. Retzel v. StateNew York Court of Claims · 1978
  3. Curry v. Episcopal Health Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Mais v. Futuristics Foods, Inc.Civil Court of the City of New York · 1977
  5. Buffalo Electric Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1959

12 more not listed; retrieve them via the Exa API.

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