Zaitz v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Order reversed, with ten dollars'costs and disbursements, and motion granted, with-ten dollars •costs.—Appeal from ‘an order denying a motion to serve a supplemental answer.—
1Per curiam
The order' denying the defendant’s motion to serve a supplemental answer must be reversed. 'The action was to recover damages for personal injuries. Issue was joined, the cause was on the calendar for trial, but -the plaintiff settled with the defendant and executed a general release. Subsequently thereto the defendant moved to set up in a supplemental answer that release as a bar to the plaintiff’s .action. The court at Special Term denied the motion because it appeared that the settlement was made without the knowledge of the plaintiff’s attorney, who had given notice of a lien upon the…
2Cases cited1 opinion
- O'Brien v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Buser v. JacobowskyAppellate Terms of the Supreme Court of New York · 1908