STEWART v. TRAVELERS IND. CO.


27 Misc.2d 883 (1961)

Emile J. Stewart, Plaintiff, v. Travelers Indemnity Company et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

February 2, 1961


Attorney(s) appearing for the Case

Harris Birnbaum for plaintiff. Richard J. Relyea, II, for Travelers Indemnity Company, defendant. Frank A. Jablonka for Anna Lagumis, defendant.


ISIDOR WASSERVOGEL, Spec. Ref.

Plaintiff seeks to set aside a release, stipulation of discontinuance and settlement on the grounds of mistake of fact, lack of mutuality of consent, and misrepresentation.

On November 7, 1952, plaintiff and one Clarence Lagumis were riding in an automobile owned by plaintiff. At a railroad crossing in Suffolk County, New York, the car was struck by or ran into a Long Island...

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