Mone v. Annarella

Appellate Division of the Supreme Court of New York

Mone v. Annarella

283 A.D. 971, 130 N.Y.S.2d 896, 1954 N.Y. App. Div. LEXIS 5954

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

DecidedMay 24, 1954

StatusPublished

This text of 283 A.D. 971 (Mone v. Annarella) 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

Mone v. Annarella, 283 A.D. 971, 130 N.Y.S.2d 896, 1954 N.Y. App. Div. LEXIS 5954 (N.Y. Ct. App. 1954).

Pincite

Opinion

In an action to recover damages for personal injuries, defendant interposed a separate defense of a general release, based on a valid consideration, and claimed that the action had been settled by plaintiff’s attorney, with her authorization. Upon a separate trial of this issue it was held by the court, without a jury, that plaintiff did not authorize the settlement; that she did not sign the release or indorse the check, and that her purported signatures thereon were forgeries. Defendant appeals from a resettled order providing that the release, allegedly signed by plaintiff, is of no force and effect, and striking out the separate defense of release. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.

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

In an action to recover damages for personal injuries, defendant interposed a separate defense of a general release, based on a valid consideration, and claimed that the action had been settled by plaintiff’s attorney, with her authorization. Upon a separate trial of this issue it was held by the court, without a jury, that plaintiff did not authorize the settlement; that she did not sign the release or indorse the check, and that her purported signatures thereon were forgeries. Defendant appeals from a resettled order providing that the release, allegedly signed by plaintiff, is of no force and effect, and striking out the separate defense of release. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

283 A.D. 971, 130 N.Y.S.2d 896, 1954 N.Y. App. Div. LEXIS 5954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mone-v-annarella-nyappdiv-1954.