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KAM v. BLANK

23 Misc.2d 951 (1960)

Barbara Kam, an Infant, by Her Guardian ad Litem, Leah Kam, et al., Appellants, v. Morton Blank, Respondent, et al., Defendants.

Supreme Court, Appellate Term, Second Department.

March 22, 1960.

Attorney(s) appearing for the Case

Eugene R. Canudo for appellants. Harold S. Winston for respondent.

Concur — DI GIOVANNA, BENJAMIN and DALY, JJ.

Per Curiam.

The court erred in determining as a matter of law that the general release delivered to John I. Phlegar, Jr., discharged the defendant, a cotort-feasor. The general release effected a settlement of the action in New Jersey. Under the circumstances, the law of New Jersey should have been applied in a determination of the effect of the general release upon the liability of a cotort-feasor. The burden of...

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