Schoenfeld v. Modern Silver Linen Supply Co.

When a document which prime facie defeats the plaintiff’s cause of action, is produced on a motion for summary judgment to dismiss the complaint, it is incumbent upon plaintiff to show by affidavit or other proof such facts sufficient to entitle him to a trial of the action (Bules-Civ. Prac., rule 113).

In support of their motion, defendants submitted a general release executed by plaintiff at the time of his discharge which runs to defendants, their affiliated corporations and principal stockholders. Plaintiff has failed to impugn the validity of this release; or to raise a question of fact…