Susmin v. G.D.T. Management Corp.

Appellate Division of the Supreme Court of New York

Susmin v. G.D.T. Management Corp.

74 A.D.2d 624, 424 N.Y.S.2d 877, 1980 N.Y. App. Div. LEXIS 10282

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

DecidedFebruary 19, 1980

StatusPublished

This text of 74 A.D.2d 624 (Susmin v. G.D.T. Management Corp.) 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

Susmin v. G.D.T. Management Corp., 74 A.D.2d 624, 424 N.Y.S.2d 877, 1980 N.Y. App. Div. LEXIS 10282 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, defendant G.D.T. Management Corporation appeals from an order of the Supreme Court, Queens County, dated August 6,1979, which denied its motion to dismiss plaintiff’s complaint as to said defendant and all cross claims and granted plaintiff’s cross motion to dismiss said defendant’s affirmative defense of release. Order modified by (1) deleting from the decretal paragraph thereof the provision granting plaintiff’s cross motion to dismiss the appellant’s affirmative defense of release, and (2) adding thereto a provision denying said cross motion. As so modified, order affirmed, with one bill of $50 costs and disbursements payable to the appellant by respondent Susmin. The record indicates that there exist triable issues of fact regarding the validity of plaintiff’s alleged release of defendant G.D.T. Management Corporation. Hence, both the latter’s motion to dismiss the complaint and all cross claims and plaintiff’s cross motion to dismiss the affirmative defense of release should have been denied. Mollen, P. J., Damiani, Gibbons and Martuscello, JJ., concur.

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In a negligence action to recover damages for personal injuries, defendant G.D.T. Management Corporation appeals from an order of the Supreme Court, Queens County, dated August 6,1979, which denied its motion to dismiss plaintiff’s complaint as to said defendant and all cross claims and granted plaintiff’s cross motion to dismiss said defendant’s affirmative defense of release. Order modified by (1) deleting from the decretal paragraph thereof the provision granting plaintiff’s cross motion to dismiss the appellant’s affirmative defense of release, and (2) adding thereto a provision denying said cross motion. As so modified, order affirmed, with one bill of $50 costs and disbursements payable to the appellant by respondent Susmin. The record indicates that there exist triable issues of fact regarding the validity of plaintiff’s alleged release of defendant G.D.T. Management Corporation. Hence, both the latter’s motion to dismiss the complaint and all cross claims and plaintiff’s cross motion to dismiss the affirmative defense of release should have been denied. Mollen, P. J., Damiani, Gibbons and Martuscello, JJ., concur.

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Bluebook (online)

74 A.D.2d 624, 424 N.Y.S.2d 877, 1980 N.Y. App. Div. LEXIS 10282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/susmin-v-gdt-management-corp-nyappdiv-1980.