Appellate Division of the Supreme Court of New York, 1941

LeFrancois v. College

LeFrancois v. College
Appellate Division of the Supreme Court of New York · Decided May 7, 1941
262 A.D. 802; 28 N.Y.S.2d 744; 1941 N.Y. App. Div. LEXIS 5913
LeFrancois v. College

Opinion of the Court

Judgment affirmed, with costs. Memorandum: We express no opinion as to whether there were unknown injuries and, if there were such unknown injuries, whether they were the result of the accident. All concur, except Crosby, P. J., and Taylor, J., who dissent and vote for reversal. Order affirmed, without costs. All concur. (The judgment dismisses defendant’s affirmative defense of release upon a separate trial of this issue in an automobile negligence action. The order denies defendants’ motion to vacate the judgment and for leave to submit proposed findings and conclusions nunc pro tunc.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCum, JJ. [See post, p. 811.]

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