Tesauro v. Thomas H. Tesauro Lumber Corp.

Appellate Division of the Supreme Court of New York

Tesauro v. Thomas H. Tesauro Lumber Corp.

35 A.D.2d 607, 313 N.Y.S.2d 443, 1970 N.Y. App. Div. LEXIS 3969

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

DecidedJuly 27, 1970

StatusPublished

This text of 35 A.D.2d 607 (Tesauro v. Thomas H. Tesauro Lumber 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

Tesauro v. Thomas H. Tesauro Lumber Corp., 35 A.D.2d 607, 313 N.Y.S.2d 443, 1970 N.Y. App. Div. LEXIS 3969 (N.Y. Ct. App. 1970).

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Opinion

[608]*608Hopkins, Martuscello, Latham and Brennan, JJ., concur; Rabin, Acting P. J., dissents and votes to affirm the judgment, with the following memorandum: I am of the view that plaintiff, in her brief, virtually concedes she signed the release and that her only objection was that the release was the product of fraud and undue duress. Accordingly, the release was in evidence and properly considered by the trial court.

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[608]*608Hopkins, Martuscello, Latham and Brennan, JJ., concur; Rabin, Acting P. J., dissents and votes to affirm the judgment, with the following memorandum: I am of the view that plaintiff, in her brief, virtually concedes she signed the release and that her only objection was that the release was the product of fraud and undue duress. Accordingly, the release was in evidence and properly considered by the trial court.

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Bluebook (online)

35 A.D.2d 607, 313 N.Y.S.2d 443, 1970 N.Y. App. Div. LEXIS 3969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tesauro-v-thomas-h-tesauro-lumber-corp-nyappdiv-1970.