LOCKROW v. CHURCH OF THE HOLY FAMILY


5 A.D.2d 959 (1958)

Clarence Lockrow, Respondent, v. Church of the Holy Family, Appellant

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

March 19, 1958


Judgment and order affirmed, with costs.

GOLDMAN, J. (dissenting).

Plaintiff succeeded in voiding his release on the ground that it was executed under a mutual mistake of fact. About 10 days after sustaining an injury to his knee from slipping on a sidewalk plaintiff was visited in his home by an adjuster from defendant's liability insurance carrier. The adjuster obtained a statement of the facts surrounding the injury, but no settlement was offered...

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