Wellander v. Brooklyn Hospital

Motion to dismiss complaint pursuant to subdivision 6 of rule 107 of the Rules of Civil Practice.

On March 16, 1955 plaintiff was injured in premises owned by 160 Henry Street Corporation and two days later she went to defendant hospital for treatment and was discharged after certain X rays were taken. Later she brought an action against said owner for the injuries sustained and settled that action for the sum of $9,000 on October 8,1956, when she executed and delivered a general release, without any reservations, to said owner. Thereafter, and on January 14, 1957, plaintiff commenced the…