McNAMARA v. HORN & HARDART CO.


14 A.D.2d 740 (1961)

Joseph McNamara, Respondent, v. Horn & Hardart Co., Appellant

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

October 10, 1961


Order entered on May 5, 1960, dismissing the first and second separate defenses after a jury trial on the issues raised by said defenses, unanimously modified, on the law and on the facts, with $20 costs and disbursements to appellant, to the extent of reinstating the first separate defense which pleads the execution and delivery of a general release by plaintiff.

Plaintiff's testimony that he was paid the amount mentioned in the release to tide him over financially...

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