Anger v. Ford Motor Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, on the law, and matter remitted to Special Term, Erie County, for further proceedings in accordance with the following memorandum: This is an appeal from an order at Special Term dismissing plaintiffs’ complaint with prejudice on the basis of release pursuant to CPLR 3211 (subd [a], par 5). Dismissal on grounds of release overlooks the fact that plaintiffs, both in their complaint and in their affidavit in opposition to the motion, allege that defendant procured the release by means of fraud and duress. Where a complaint alleges fraud or duress in the procurement…
2Cases cited7 opinions
- Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1975
- Goldsmith v. National Container Corp.New York Court of Appeals · 1942
- Burton v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1952
- Mirabella v. Banco Industrial de la Republica ArgentinaAppellate Division of the Supreme Court of the State of New York · 1968
- Fitch v. Central Greyhound Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ford v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2014
- Philips South Beach, LLC v. ZC Specialty InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Farber v. BreslinAppellate Division of the Supreme Court of the State of New York · 2008
- Bloss v. Va'ad Harabonim of RiverdaleAppellate Division of the Supreme Court of the State of New York · 1994
- Warmhold v. ZagarinoAppellate Division of the Supreme Court of the State of New York · 2013
8 more not listed; retrieve them via the Exa API.