PRETZFELDER v. KAHN


281 A.D. 675 (1952)

Tillie Pretzfelder, Respondent, v. Erwin Kahn, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 16, 1952.


Order unanimously reversed, with $20 costs and disbursements to the appellant, the motion granted and the complaint dismissed, and judgment is directed to be entered herein in favor of the defendant, with costs.

It is obvious that the plaintiff has suffered only a single injury. She is not entitled to double satisfaction. Where the plaintiff has already been recompensed in her negligence action against the active wrongdoer and executed a general release, the niceties...

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