Doldan v. Fenner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of Supreme Court, Erie County (Cosgrove, J.), entered April 12,. 2002, which, inter alia, denied defendant’s motion to dismiss the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating that part dismissing the affirmative defense of release and payment and as modified the order is affirmed without costs.
Memorandum: Plaintiff commenced this action seeking damages for personal injuries she sustained in an automobile accident. Shortly after the accident, plaintiff signed a general release of all…
2Cases cited7 opinions
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- Cavalli v. CavalliAppellate Division of the Supreme Court of the State of New York · 1996
- Smith v. Estate of LaTrayAppellate Division of the Supreme Court of the State of New York · 1990
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