Hallman v. Court Leigh Corp.

Appellate Division of the Supreme Court of New York

Hallman v. Court Leigh Corp.

285 A.D. 1064, 139 N.Y.S.2d 924, 1955 N.Y. App. Div. LEXIS 6681

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

DecidedApril 11, 1955

StatusPublished

This text of 285 A.D. 1064 (Hallman v. Court Leigh Corp.) 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

Hallman v. Court Leigh Corp., 285 A.D. 1064, 139 N.Y.S.2d 924, 1955 N.Y. App. Div. LEXIS 6681 (N.Y. Ct. App. 1955).

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Opinion

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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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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Bluebook (online)

285 A.D. 1064, 139 N.Y.S.2d 924, 1955 N.Y. App. Div. LEXIS 6681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hallman-v-court-leigh-corp-nyappdiv-1955.