Appellate Division of the Supreme Court of New York, 1934

Fonville v. Irving Poultry Co.

Fonville v. Irving Poultry Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1934
243 A.D. 528
Fonville v. Irving Poultry Co.

Opinion of the Court

Appeal by plaintiff in a negligence action from order granting defendants’ motion for a separate and prior trial of the issue raised by the defense of a general release. Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. When the settlement was made and the release was given by plaintiff for the comparatively small amount, the plaintiff and her physicians were unaware of the serious physical condition which subsequently developed, presumably as a result of the alleged injuries. Under such conditions, separate trials have not been granted. (McGurty v. Delaware, L. & W. R. R. Co., 172 App. Div. 46; Schoenbaum v. Reimer, 184 id. 944; Romania v. Lamport & Holt, Ltd., 207 id. 861.) Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur. [See ante, p. 526.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.