Lurie v. Goldman
New York Supreme Court
1Opinion of the CourtFrank A. Gulotta, J.
With respect to the motion of the defendants to plead the general release which the plaintiff gave to Ernest Kuhlman who was the operator of the automobile which caused the original injury to the plaintiff, as a complete legal defense, I have come to the conclusion that it is not a complete defense.
Since there was no reservation of rights in said release and since the original tort-feasor remained responsible for all of plaintiff’s injuries including those which resulted from the malpractice which plaintiff.claims she .suffered at the hands of the defendants in the effort made to repair her…
2Cases cited6 opinions
- Milks v. McIverNew York Court of Appeals · 1934
- Rector of St. James Church v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1941
- Rushford v. United StatesDistrict Court, N.D. New York · 1950
- Bossong v. MuhlemanAppellate Division of the Supreme Court of the State of New York · 1938
- Gaylor v. Burroughs, McGuireNew York Court of Appeals · 1937
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3Cited by2 opinions
- Abernethy v. AzzoniNew York Supreme Court · 1974
- Metropolitan Dry Cleaning Machinery Co. v. HirschAppellate Division of the Supreme Court of the State of New York · 1971