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HUTZLER v. HERTZ CORP.

39 N.Y.2d 209 (1976)

Christina Hutzler, as Administratrix of The Estate of Michael E. Hutzler, Deceased, Respondent-Appellant, v. Hertz Corporation, Appellant-Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 6, 1976.

Attorney(s) appearing for the Case

Abraham Shapiro and Steven A. Chernis for appellant-respondent.

Louis Lazarus for respondent-appellant.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

JASEN, J.

In this action against defendant tort-feasor arising out of the compromise of a personal injury and wrongful death claim made with the tort-feasor by plaintiff's attorney with the consent of the plaintiff, we are asked to decide whether defendant tort-feasor was discharged from liability where its settlement draft, naming plaintiff and her attorney as payees, was negotiated by the attorney on plaintiff...

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