Home/Appellate Terms of the Supreme Court of New York/Kam v. Blank

Kam v. Blank

23 Misc. 2d 951, 199 N.Y.S.2d 760, 1960 N.Y. Misc. LEXIS 3370
CourtAppellate Terms of the Supreme Court of New York
DecidedMarch 22, 1960
StatusPublished
Cited by1 cases

This text of 23 Misc. 2d 951 (Kam v. Blank) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kam v. Blank, 23 Misc. 2d 951, 199 N.Y.S.2d 760, 1960 N.Y. Misc. LEXIS 3370 (N.Y. Ct. App. 1960).

Opinion

Per Curiam.

The court erred in determining as a matter of law that the general release delivered to John I. Phlegar, Jr., discharged the defendant, a cotort-feasor. The general release effected a settlement of the action in New Jersey. Under the circumstances, the law of New Jersey should have been applied in a determination of the effect of the general release upon the liability of a cotort-feasor. The burden of proof is upon the defendant to sustain his contention that a general release under the law of New Jersey releases a cotort-feasor.

The judgment and order should be unanimously reversed, with costs to plaintiff to abide the event and motion for a new trial granted.

Concur — Di Giovanna, Benjamin and Daly, JJ.

Judgment and order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Garlock v. New York Tree Savers, Inc.
199 F. Supp. 59 (W.D. New York, 1961)

Cite This Page — Counsel Stack

Bluebook (online)
23 Misc. 2d 951, 199 N.Y.S.2d 760, 1960 N.Y. Misc. LEXIS 3370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kam-v-blank-nyappterm-1960.