Appellate Division of the Supreme Court of New York, 1970

Tesauro v. Thomas H. Tesauro Lumber Corp.

Tesauro v. Thomas H. Tesauro Lumber Corp.
Appellate Division of the Supreme Court of New York · Decided July 27, 1970
35 A.D.2d 607; 313 N.Y.S.2d 443; 1970 N.Y. App. Div. LEXIS 3969
Tesauro v. Thomas H. Tesauro Lumber Corp.

Opinion of the Court

*608Hopkins, Martuscello, Latham and Brennan, JJ., concur; Rabin, Acting P. J., dissents and votes to affirm the judgment, with the following memorandum: I am of the view that plaintiff, in her brief, virtually concedes she signed the release and that her only objection was that the release was the product of fraud and undue duress. Accordingly, the release was in evidence and properly considered by the trial court.

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