FRANKENHEIM v. ALTMAN & CO.


1 A.D.2d 200 (1956)

Idell Frankenheim et al., Respondents, v. B. Altman & Co., Appellant

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

February 21, 1956.


Attorney(s) appearing for the Case

Samuel E. Swiggett of counsel (Barrett, Molloy, Geoghan & Swiggett, attorneys), for appellant.

Alfred S. Julien of counsel (Max Lourie with him on the brief; Irvin L. Kaye, attorney), for respondents.

PECK, P. J., BREITEL, BASTOW, BOTEIN and COX, JJ., concur.


Per Curiam.

In this motion for summary judgment, the complaint demands recovery for personal injuries and loss of services sustained as the result of an accident in defendant's store on October 1, 1949, allegedly caused by defendant's negligence. The answer contains an affirmative defense of release, executed in March, 1950, as well as a general denial. The reply alleges that plaintiffs released the defendant only as...

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