Carmosin v. New York Consolidated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Consolidated Railroad Company, from an order of the Supreme Court, made at the Kings Special Term and entered in the office' of the clerk of the county of Kings on the 11th day of December, 1920, denying defendant’s motion for an order directing a separate and prior trial of the issues raised by the separate defense of general release, in an action to recover damages for injuries alleged to have been suffered by reason of the defendant’s…
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Appeal by the defendant, The New York Consolidated Railroad Company, from an order of the Supreme Court, made at the Kings Special Term and entered in the office' of the clerk of the county of Kings on the 11th day of December, 1920, denying defendant’s motion for an order directing a separate and prior trial of the issues raised by the separate defense of general release, in an action to recover damages for injuries alleged to have been suffered by reason of the defendant’s negligence.
1Opinion of the Court
Rich, J.:
The accident in question occurred on February 24, 1917. The action was commenced by the service of the summons and complaint on March 17, 1917. The answer was served on April 6, 1917, and, among other things, alleged: “ 1. That heretofore the plaintiff herein, for a valuable consideration, executed and delivered to this defendant an instrument in writing, wherein and whereby she forever released and discharged this defendant from all claims, demands or causes of action which she had or claimed to have against it, including the- cause of action in the complaint herein set forth.”…
2Cases cited1 opinion
- Linker v. JamisonAppellate Division of the Supreme Court of the State of New York · 1916