Mosher v. Mitchell

Appellate Division of the Supreme Court of New York

Mosher v. Mitchell

22 A.D.2d 805, 254 N.Y.S.2d 827, 1964 N.Y. App. Div. LEXIS 2829

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 1964·Published

Opinion

In a negligence action to recover damages for personal injury and loss of services, in which the defendant interposed, as a defense, that plaintiffs’ claims had been duly released in writing, the defendant appeals from an order of the Supreme iCourt, Dutchess County, entered April 3, 1962, which denied his motion for a separate and prior trial on the issue of general release raised by his defense. Order affirmed, with $10 costs and disbursements (Fonville V. Irving Poultry Go., 243 App. Div. 528; Romania v. Lamport & Holt, 207 App. Div. 861). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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In a negligence action to recover damages for personal injury and loss of services, in which the defendant interposed, as a defense, that plaintiffs’ claims had been duly released in writing, the defendant appeals from an order of the Supreme iCourt, Dutchess County, entered April 3, 1962, which denied his motion for a separate and prior trial on the issue of general release raised by his defense. Order affirmed, with $10 costs and disbursements (Fonville V. Irving Poultry Go., 243 App. Div. 528; Romania v. Lamport & Holt, 207 App. Div. 861). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

Mosher v. Mitchell, 22 A.D.2d 805, 254 N.Y.S.2d 827, 1964 N.Y. App. Div. LEXIS 2829 (N.Y. Ct. App. 1964).

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