Defeo v. Civitano

Appellate Division of the Supreme Court of New York

Defeo v. Civitano

304 A.D.2d 520, 756 N.Y.S.2d 879

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 7, 2003

StatusPublished

This text of 304 A.D.2d 520 (Defeo v. Civitano) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Defeo v. Civitano, 304 A.D.2d 520, 756 N.Y.S.2d 879 (N.Y. Ct. App. 2003).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered March 28, 2002, as granted the defendants’ motion to vacate a judgment entered upon a purported general release.

Ordered that the order is affirmed insofar as appealed from, with costs.

The purported general release was not binding upon the individual defendants because they did not execute it (see CPLR 2104; Klein v Mount Sinai Hosp., 61 NY2d 865 [1984]). Accordingly, the Supreme Court properly vacated the judgment entered upon the purported release (see Mezatesta v Oswego Mut. Fire Ins. Co., 58 AD2d 739 [1977]). Altman, J.P., Smith, Adams and Cozier, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered March 28, 2002, as granted the defendants’ motion to vacate a judgment entered upon a purported general release.

Ordered that the order is affirmed insofar as appealed from, with costs.

The purported general release was not binding upon the individual defendants because they did not execute it (see CPLR 2104; Klein v Mount Sinai Hosp., 61 NY2d 865 [1984]). Accordingly, the Supreme Court properly vacated the judgment entered upon the purported release (see Mezatesta v Oswego Mut. Fire Ins. Co., 58 AD2d 739 [1977]). Altman, J.P., Smith, Adams and Cozier, JJ., concur.

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Bluebook (online)

304 A.D.2d 520, 756 N.Y.S.2d 879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/defeo-v-civitano-nyappdiv-2003.

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