Grady v. Madison Avenue Coach Co.

Appellate Division of the Supreme Court of New York

Grady v. Madison Avenue Coach Co.

263 A.D. 719, 30 N.Y.S.2d 664, 1941 N.Y. App. Div. LEXIS 4704

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

DecidedNovember 3, 1941

StatusPublished

This text of 263 A.D. 719 (Grady v. Madison Avenue Coach Co.) 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

Grady v. Madison Avenue Coach Co., 263 A.D. 719, 30 N.Y.S.2d 664, 1941 N.Y. App. Div. LEXIS 4704 (N.Y. Ct. App. 1941).

Pincite

Opinion

Action to recover damages for personal injuries. Order denying plaintiff’s motion to strike out a separate defense based on an alleged covenant not to sue, contained in a pass issued by the defendant to the plaintiff, reversed on the law, without costs, and the motion granted, with ten dollars costs, with leave to the defendant to plead over within ten days from the entry of the order hereon. The amended complaint did not disclose that the relationship of passenger and carrier existed between the plaintiff and the defendant. The defense challenged contained no factual allegation that such relationship existed. Hence the defense [720]*720is without relevance and insufficient in law on its face. (3 Shearman and Redffeld on Negligence [Rev. ed.], § 512.) Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.

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Action to recover damages for personal injuries. Order denying plaintiff’s motion to strike out a separate defense based on an alleged covenant not to sue, contained in a pass issued by the defendant to the plaintiff, reversed on the law, without costs, and the motion granted, with ten dollars costs, with leave to the defendant to plead over within ten days from the entry of the order hereon. The amended complaint did not disclose that the relationship of passenger and carrier existed between the plaintiff and the defendant. The defense challenged contained no factual allegation that such relationship existed. Hence the defense [720]*720is without relevance and insufficient in law on its face. (3 Shearman and Redffeld on Negligence [Rev. ed.], § 512.) Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.

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Bluebook (online)

263 A.D. 719, 30 N.Y.S.2d 664, 1941 N.Y. App. Div. LEXIS 4704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grady-v-madison-avenue-coach-co-nyappdiv-1941.