McDaniel v. Gordon

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Kings County (Jordan, J.), dated January 12,1983, which, after a hearing, dismissed plaintiffs’ complaint on the ground that the action was barred by a valid release. Judgment reversed, with costs, and complaint reinstated. On February 22, 1979, an automobile driven by defendant Rick Gordon and owned by defendant Max Schissel hit plaintiff S. E. McDaniel, a pedestrian, and also caused plaintiff Kathleen McDaniel to fall. After various meetings, defendant Gordon agreed…