HOAD v. NEW YORK CENT. R. CO.

No. 1074A.

3 F.Supp. 1020 (1933)

HOAD v. NEW YORK CENT. R. CO. et al.

District Court, W. D. New York.

July 11, 1933.


Attorney(s) appearing for the Case

Searl & McElroy, of Syracuse, N. Y., for plaintiff.

Rann, Vaughan, Brown & Sturtevant, of Buffalo, N. Y., for defendant New York Cent. R. Co.

Harold J. Adams, of Buffalo, N. Y., for defendant Pennsylvania R. Co.


KNIGHT, District Judge.

The action is in negligence. Each defendant sets up as one of its defenses a release by the plaintiff. Plaintiff replying alleges that such release was obtained through misrepresentation and that it is null and void. Each defendant now moves for an order directing that the issue as to validity of such release be tried separately from the issue of negligence.

Section 443 of the Civil Practice Act of New York State specifically provides...

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