Sage v. Hale

This is a motion by the defendant and third-party plaintiff to dismiss plaintiff’s cause of action on the ground that the action may not be maintained because of a release (CPLR 3211, subd. [a], par. 5).

Plaintiff’s cause of action to recover damages for her personal injuries arose out of an automobile accident which occurred on June 13,1971. Plaintiff was a passenger in defendant’s vehicle which collided with another vehicle operated by Marjorie Ortell, the third-party defendant. On September 22, 1972, plaintiff executed a release to Marjorie Ortell for the sum of $10,000. The release…