FINKE v. IRIS CAB CORP.


1 A.D.2d 692 (1955)

William Finke, Appellant, v. Iris Cab Corp. et al., Defendants, and Catherine Prussak et al., Respondents

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

December 29, 1955


Order and judgment reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

The validity of the release pleaded by respondents was put in issue by appellant's reply. Whether the release was "fairly and knowingly made" is a question for the trier of the facts. (Farrington v. Harlem Sav. Bank, 280 N.Y. 1; Le Francois v. Hobart Coll., 31 N.Y.S.2d 200, affd. 262 App. Div. 802, affd. 287 N.Y. 638; Barry v. Lewis, 259 App. Div...

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