Maidman v. Mayflower Doughnut Corp.

The defendant moves to dismiss the complaint under subdivision 6 of rule 107 of the Rules of Civil Practice, upon the ground that the claims upon which plaintiff seeks recovery have been discharged by release.

The cause of action is for rent for the month of June, 1956, water charges and sewer rent for the same month pursuant to a written lease between the parties.

*149The defendant’s position is that the said claims were discharged by reason of a release executed and delivered by the plaintiff to the defendant. This plaintiff was involved in prior related litigation. He is the owner of the Beverly…