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BOLL v. SHARP & DOHME

281 A.D. 568 (1953)

John Boll, Appellant, v. Sharp & Dohme, Inc., Respondent

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

April 21, 1953.

Attorney(s) appearing for the Case

Abraham Markhoff of counsel (Julian H. Gottlieb with him on the brief; Markhoff & Isaacson, attorneys), for appellant.

John J. Brophy of counsel (Francis M. Walsh with him on the brief; Barry, Treanor & Shandell, attorneys), for respondent.

PECK, P. J., and COHN, J., concur with VAN VOORHIS, J.; BREITEL, J., dissents in opinion, in which CALLAHAN, J., concurs.

VAN VOORHIS, J.

The complaint has been dismissed on motion by defendant for summary judgment, upon the ground that plaintiff's cause of action is barred by a release, or, speaking more accurately, by a covenant not to sue. Plaintiff was a blood donor for hire. The complaint alleges that upon the occasion of a blood donation by him in defendant's office, he fell, thereby suffering serious and permanent personal...

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