Gaetjens v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, August G-aetjens, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office, of the clerk of the county of Kings on the 3d day of April, 1911, denying the plaintiff’s motion for a new taxation of costs. '
1Opinion of the Court
Jerks, P. J.:
The plaintiff sued three defendants for negligence. Pending trial the plaintiff made a settlement with two of the said , defendants whereby he received $2,000, and thereupon an order was made that discontinued'the action as to them and thus left this defendant sole. This defendant, who was not a party to the said settlement,' made supplemental answer pleading1 the safe -settlement and the discontinuance thereupon, and alleging as a defense that the said payment was in full compensation, for the alleged'injuries and damages set forth in the complaint. The jury, who were instructed…
2Cases cited4 opinions
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Ellis v. EssonWisconsin Supreme Court · 1880
- Sloan v. HerrickSupreme Court of Vermont · 1877
- Hoe v. . SanbornNew York Court of Appeals · 1867
3Cited by2 opinions
- Nashville Interurban Ry. v. GregoryTennessee Supreme Court · 1916
- Livant v. LivantAppellate Division of the Supreme Court of the State of New York · 1963