Appellate Division of the Supreme Court of New York, 1955

Hallman v. Court Leigh Corp.

Hallman v. Court Leigh Corp.
Appellate Division of the Supreme Court of New York · Decided April 11, 1955
285 A.D. 1064; 139 N.Y.S.2d 924; 1955 N.Y. App. Div. LEXIS 6681
Hallman v. Court Leigh Corp.

Opinion of the Court

In an action to recover damages for personal injuries, defendant Court Leigh Corp. appeals from an order denying its motion to dismiss the complaint on the ground that the claim set forth in the complaint has been released, pursuant to subdivision 6 of rule 107 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. The claim that the release was procured by fraud raises an issue of fact which may be determined only at a trial. Wenzel, Acting P. J., MacCrate, Schmidt, Beldock and Ughetta, JJ., concur.

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