GRAHAM v. TALLER & COOPER

Civ. A. No. 9753.

91 F.Supp. 419 (1950)

GRAHAM v. TALLER & COOPER, Inc.

United States District Court E. D. New York.

June 28, 1950.


Attorney(s) appearing for the Case

Lotterman & Tepper, New York City (Louis A. Tepper, New York City, of counsel), for defendant for motion.

J. Bertram Wegman, (of Wegman, Epstein & Burke), New York City (Myron L. Shapiro, New York City, of counsel), for plaintiff opposed.


BYERS, District Judge.

This is a defendant's motion to dismiss the plaintiff's first cause of action, and for summary judgment thereon for defendant. Thus is brought into question the efficacy of the third defense pleaded in the answer, namely: That on or about June 18, 1948, for a good and valuable consideration the plaintiff released and discharged the defendant "from any and all liability arising out of the matters sued upon herein" as supported by the documentary...

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