Fleming v. Ponziani

In a consolidated action to recover damages for personal injuries, in which, upon a trial limited to the issue of the validity of a general release by plaintiff to defendant Chodorowski, the jury verdict upheld the release, defendants appeal from an order of the Supreme Court, Queens County, dated March 3, 1967, which (1) granted plaintiff’s motion to set aside the verdict, pursuant to CPLR 4404, (subd. [a]), (2) directed a verdict for plaintiff and (3) struck out the defense of release which was pleaded in said defendant’s answer. Order reversed, on the law, without costs, and new trial of…