Rill v. Darling

Appeal from an order of the Supreme Court, Madison County, entered February 6, 1964, which denied defendant’s motion for summary judgment. Plaintiff seeks to recover money damages for the death of her husband which she contends was hastened by the alleged negligence of the defendant. A defense interposed by defendant is a general release executed by the decedent three days after the accident occurred early on Christmas morning, which in 1959 was a Friday. The question before us is whether it was error as a matter of law to refuse to grant a motion for summary judgment based upon the general…