Winokur v. Quaker City Bus Co.

■Per Curiam.

In this Department there is no fixed general rule as stated at Special Term that a separate trial of issues in a negligence action raised by the defense of a release should not be had. Motions for such relief should be denied in those cases where a trial of the issues relating to the release will necessarily involve much, if not all, of the same evidence relating to the main issues of negligence, contributory negligence and damages, and hence, would result, if plaintiff were successful on a separate trial, in having two trials on practically the same issues. Separate trial of the…