Legal Opinion

McConnell v. Louherm Operating Corp.

City of New York Municipal Court

Decided August 19, 1943Published

1Opinion of the CourtSchwartzwald, J.

This motion for a separate trial on the issues arising out of the first separate and distinct affirmative defense is granted. The action is in negligence. The answer of the defendant, besides a general denial, sets up a separate and distinct affirmative defense alleging that the plaintiff released the defendant from all claims which she had against the defendant on or before the date of the release, and that the release included the claim upon which the plaintiff bases this cause of action. By order .of this court the plaintiff was directed to serve a reply, which contained denials of each…

2Cases cited3 opinions

  1. Matter of Byrne v. PaddenNew York Court of Appeals · 1928
  2. Oppenheimer v. Trebla Realty Co.Appellate Division of the Supreme Court of the State of New York · 1913
  3. Groff v. BlissAppellate Terms of the Supreme Court of New York · 1896

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