Rotondi v. Drewes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*735In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated May 5, 2005, which denied his motion for summary judgment dismissing the defendant’s sixth affirmative defense of release.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
The plaintiff brought this action to recover damages for injuries he allegedly sustained when his leg fell through a rotted step outside a house he was renting from the defendant. Earlier, the plaintiff had brought a small claims action,…
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