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LURIE v. GOLDMAN

53 Misc.2d 250 (1965)

Rosa Lurie et al., Plaintiffs, v. Irving B. Goldman et al., Defendants.

Supreme Court, Trial Term, Nassau County.

May 4, 1965

Attorney(s) appearing for the Case

Butter, Silverman & Biller (Murray Biller of counsel), for plaintiff. Bower, O'Connor & Taylor (Michael Ivone of counsel), for Irving B. Goldman, defendant. Martin, Clearwater & Bell (Robert S. Bell of counsel), for Mount Sinai Hospital, defendant.

FRANK A. GULOTTA, J.

With respect to the motion of the defendants to plead the general release which the plaintiff gave to Ernest Kuhlman who was the operator of the automobile which caused the original injury to the plaintiff, as a complete legal defense, I have come to the conclusion that it is not a complete defense.

Since there was no reservation of rights in said release and since the original tort-feasor remained responsible for all of plaintiff...

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