Latoni v. City of New York

Plaintiff in this action seeks redress in damages for injuries to her person. They are the outcome of an accident on a street of the city.

At the trial, defendant raised, inter alia, a specific preliminary challenge to plaintiff’s right as a matter of law, to maintain this section.

*364The ground advanced was the existence of a written general release without reservation. This release represented the con-' summation of a compromise and settlement during the pendency of a separate action, instituted by plaintiff within a short time preceding the one at bar, against a third party concerned in the…