Legal Opinion
Skipworth v. Cooper
Appellate Division of the Supreme Court of the State of New York
Decided October 28, 1971PublishedCited by 5 opinions
1Opinion of the Court
— Order unanimously affirmed, with costs, Goldman, P. J., not participating. Memorandum: The finding that the release was the product of misrepresentation is supported by the evidence. Repayment by plaintiff to defendant or his insurance company of the amount received by him from defendant on giving the release is not a prerequisite to maintaining this action (see CPLR 3004; Marr v. Tumulty, 256 N. Y. 15, 21 et seq.; 3 Weinstein-Korn-Miller, N. Y. Civ. Prac., pars. 3004.01-3004.06). In Marr (p. 22) the court said, “Suitable conditions may be imposed in the decree ”. The ultimate rights of the…
2Cases cited1 opinion
- Marr v. TumultyNew York Court of Appeals · 1931
3Cited by5 opinions
- Clark v. Buffalo Wire Works Co., Inc.District Court, W.D. New York · 1998
- Livingston v. Bev-Pak, Inc.District Court, N.D. New York · 2000
- Gregory v. Garrett Corp.District Court, S.D. New York · 1984
- Rivera v. Sovereign BankDistrict Court, E.D. New York · 2013
- Morgan v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1994