93 Prince Street Corp. v. Wolf

Plaintiff moves for dismissal of the second and third defenses for insufficiency.

The action is upon a lease and an alleged breach thereof, in s that defendant tenant left the premises in a condition constituting a violation of the lease covenant, thus entitling plaintiff to compensation for the injury. The second defense is based upon payment by and release to the mover, not a party to the action. Plaintiff contends that a claim in contract cannot be barred by a release given to a third party upon a claim in negligence. The injuries, for which compensation is sought, are set out in paragraphs…