STRAUBING v. HEBREW HOME & HOSP.


3 Misc.2d 506 (1956)

Harold Straubing, Individually and as Administrator of The Estate of Jack Straubing, Deceased, Plaintiff, v. Hebrew Home and Hospital for Chronic Sick, Defendant.

Supreme Court, Special Term, Bronx County.

July 30, 1956.


Attorney(s) appearing for the Case

Irving Segal for defendant.

Nason & Greenstein for plaintiff.


MATTHEW M. LEVY, J.

By this motion the defendant seeks (1) to vacate the plaintiff's notice to examine the defendant before trial and (2) a separate trial of the issue of general release pleaded as a defense in the answer. As that defense has been found insufficient as a matter of law (see disposition of companion motion decided herewith), there is no necessity for a preliminary trial of the question of release...

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