Rizzuto v. United States Shipping Board Emergency Fleet Corp.

Rapper, J.:

Plaintiff, while in the employ of the defendant Brady & Gioe, Inc., working on a steamship, suffered personal injuries which he claimed resulted from the negligence of his employer and the two other defendants named. He began an action against them for damages. His complaint states a cause of action for negligence.

The defendants have not answered, but have moved, upon affidavit, coupled with a general release alleged to have been executed by the plaintiff, to dismiss the complaint pursuant to rule 107 of the Rules of Civil Practice. The general release, although running solely to…