NADAL v. CHILDS SEC. CORP.


18 A.D.2d 375 (1963)

Carlos G. Nadal, Appellant, v. Childs Securities Corporation, Respondent

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

April 23, 1963.


Attorney(s) appearing for the Case

David M. Palley for appellant.

Robert D. Levin of counsel (Joel J. Spector with him on the brief; Demov & Morris, attorneys), for respondent.

BREITEL, P. J., and VALENTE, J., concur with BERGAN, J.; EAGER, J., dissents in opinion in which RABIN, J., concurs.


BERGAN, J.

Plaintiff seeks to avoid the effect of a release signed by him for a good consideration, which in terms discharged defendant, on the ground of defendant's fraud in misrepresenting the instrument of release. The court at Special Term has dismissed the complaint pursuant to subdivision 6 of rule 107 of the Rules of Civil Practice.

Plaintiff had a claim against the owners of real estate in the...

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