Fitch v. Central Greyhound Lines, Inc.

Separate appeals by defendants from an order of the Supreme Court, Cortland County, entered in each action denying motions to dismiss the complaint. Plaintiffs sue in negligence. Defendants moved at Special Term for dismissal in pursuance of rule 107 on the ground the causes of action pleaded had been released. The motion was denied. Attached to the moving papers are exhibits purported to have been signed by the plaintiffs who are husband and wife, each releasing all defendants for a stated consideration. Each plaintiff denies under oath “having ever made or executed a release to ” the two…