Landes v. Mitchell

Appellate Division of the Supreme Court of New York

Landes v. Mitchell

285 A.D. 1163, 140 N.Y.S.2d 398, 1955 N.Y. App. Div. LEXIS 7018

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

DecidedMay 9, 1955

StatusPublished

This text of 285 A.D. 1163 (Landes v. Mitchell) 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

Landes v. Mitchell, 285 A.D. 1163, 140 N.Y.S.2d 398, 1955 N.Y. App. Div. LEXIS 7018 (N.Y. Ct. App. 1955).

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Opinion

In an action to recover damages for personal injuries, the answer of defendant Mitchell alleges that the cause of action was released for a valuable consideration. The reply alleges that the release was obtained under false and fraudulent circumstances and that it was unconscionable. Defendant Mitchell appeals from an order denying his motion for a separate trial of the issue of release. Order reversed, with $10 costs and disbursements, and motion granted. Under the circumstances present, it was an improvident exercise of discretion for the Special Term to have denied this motion. Wenzel, Acting P. J., Schmidt, Beldock, Murphy and Ughetta, JJ., concur.

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In an action to recover damages for personal injuries, the answer of defendant Mitchell alleges that the cause of action was released for a valuable consideration. The reply alleges that the release was obtained under false and fraudulent circumstances and that it was unconscionable. Defendant Mitchell appeals from an order denying his motion for a separate trial of the issue of release. Order reversed, with $10 costs and disbursements, and motion granted. Under the circumstances present, it was an improvident exercise of discretion for the Special Term to have denied this motion. Wenzel, Acting P. J., Schmidt, Beldock, Murphy and Ughetta, JJ., concur.

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Bluebook (online)

285 A.D. 1163, 140 N.Y.S.2d 398, 1955 N.Y. App. Div. LEXIS 7018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landes-v-mitchell-nyappdiv-1955.