Michelucci v. Bennett

This is a motion for an order to grant a third-party defendant, Jabera Carma, leave to serve an amended answer, pleading a general release as an absolute defense (CPLB 3025, subd. [b]).

*622Two reasons urged by defendant Carma for such relief are: (1) Carma’s original attorney of record (Wein) has rétired from practice, and (2) a release, given heretofore by Nancy A. Bennett, as administratrix of the goods, chattels and credits of William Bennett, deceased, to Jabera Carma in the sum of $45,000 as damages for the death of William Bennett, was unknown to Carma’s present attorney (Snyder) until he…