Peralta v. Sampogne

In an automobile negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), entered January 23, 1989, which granted the plaintiffs’ motion to strike the defendant’s counterclaim.

Ordered that the order is affirmed, with costs.

The defendant initially commenced an action against the plaintiffs to recover damages for the injuries he sustained in an automobile accident. The plaintiff paid the defendant $10,000 in settlement of the action, for which the defendant executed a general release discharging the…