Smith v. A. A. Truck Renting Corp.

In a negligence action to recover damages for personal injuries and to rescind a release, plaintiff appeals: (1) from an order of the Supreme Court, Kings County, dated January 5> 1960, which denied plaintiff’s cross motion to disaffirm the Official Referee’s report rendered after a hearing pursuant to rule 108 of the Rules of Civil Practice; which granted defendants’ motion to confirm the report; and which granted defendants’ motion, under subdivision 6 of rule 107 of the Rules of Civil Practice, to dismiss the complaint, on the ground “ That the claims and demands set forth in the complaint…