Curran v. Matson
New York Supreme Court
1Opinion of the CourtDeyo, J.
This is a negligence action wherein the defendants at the time the motion was argued had interposed only a general denial. The defendants by notice seek to examine the plaintiff on the question of whether or not the plaintiff has settled with a third person, one Edson J. Barrett, who is claimed to be a joint tort feasor, and if so, the amount of such settlement. I have been informed that since the motion was argued the defendants have amended their answer to allege by way of an affirmative defense .the giving of a release or covenant not to sue. However, I feel that I am obliged to determine…
2Cases cited6 opinions
- Knapp v. . RocheNew York Court of Appeals · 1884
- Boxberger v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1923
- Telford v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1928
- Etter v. Early Foundry Co.New York Supreme Court · 1937
- Ammerman v. Utilities Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1928
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3Cited by3 opinions
- Wheeler v. StateAppellate Division of the Supreme Court of the State of New York · 1955
- Western Rebuilders & Tractor Parts, Inc. v. FelmleyOregon Supreme Court · 1964
- Western Rebuilders & Tractor Parts, Inc. v. FelmleyOregon Supreme Court · 1964