Legal Opinion

Caswell v. New Manlius Park Corp.

New York Supreme Court

Decided February 24, 1958Published

1Opinion of the CourtHenry A. Hudson, J.

This is a motion by the defendants for an order directing the separate and prior trial of the issue raised by the defendants in their answer, that the plaintiff had executed and delivered a general release of her claim against the defendants prior to the institution of the action.

The plaintiff instituted the action to recover for personal injuries which she claims to have received while roller skating upon the premises of the defendants. This is denied by the defendants who set up in their answer the separate defense that the plaintiff had executed and delivered a general release for a…

2Cases cited5 opinions

  1. Smith v. Western Pacific Railway Co.New York Court of Appeals · 1911
  2. Warner v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1914
  3. Burton v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1952
  4. Spencer v. HuntAppellate Division of the Supreme Court of the State of New York · 1936
  5. Dienstag v. Kiamesha-Concord, Inc.Appellate Division of the Supreme Court of the State of New York · 1954

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