SCHEER v. LONG ISLAND RAIL RD. CO.


282 A.D. 724 (1953)

Louis O. Scheer, Appellant, v. Long Island Rail Road Company, by William H. Draper, Jr., as Trustee, Respondent

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

June 15, 1953.


Order denying renewal, insofar as appealed from, reversed, with $10 costs and disbursements, and motion to dismiss the first cause of action denied, without costs. Defendant is granted ten days from the entry of the order hereon to answer. Appeal from order, dated April 4, 1952, dismissed, without costs.

Sufficient facts appeared on the renewal of the original motion to raise an issue of fact as to the validity of the release. Where a settlement is made on the basis...

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