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VISKOVICH v. WALSH-FULLER-SLATTERY

16 A.D.2d 67 (1962)

Thomas G. Viskovich, Respondent, v. Walsh-Fuller-Slattery et al., Appellants

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

March 6, 1962.

Attorney(s) appearing for the Case

James M. Gilleran of counsel (John J. O'Connor, attorney), for appellants.

Thomas E. Paterson of counsel (John J. Corcoran, attorney), for respondent.

BREITEL, J. P., VALENTE, STEUER and BERGAN, JJ., concur.

STEVENS, J.

This is an appeal from an order entered October 30, 1961, which directed the striking of the affirmative defense of release after that defense had been tried separately before a jury.

Plaintiff, an asbestos worker, was injured October 10, 1955, when he fell from a scaffold while working on a construction job. Plaintiff struck his back on a concrete floor. He sought medical treatment and two...

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