Spiegel v. Gnadzinski

155 A.D.2d 899
Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1989·No. Appeal No. 1·Published·Cited by 2 cases

Opinions

— Order reversed on the law without costs and defendant’s motion denied. Memorandum: Supreme Court erred by dismissing plaintiff’s complaint because a question of fact exists concerning whether plaintiff suffers from an injury unknown at the time of the release or suffers merely from an unanticipated consequence of a known injury (see, Mangini v McClurg, 24 NY2d 556).

All concur, except Boomer and Lawton, JJ., who dissent and vote to affirm, in the following memorandum.

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Spiegel v. Gnadzinski, 155 A.D.2d 899 (N.Y. Ct. App. 1989).

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Spiegel v. Gnadzinski
155 A.D.2d 900 (Appellate Division of the Supreme Court of New York, 1989)