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MERIDA v. 200 W. 96TH ST.

19 N.Y.2d 245 (1967)

Mariana Merida, Individually and as Administratrix of The Estate of Adolph Merida, Absentee, Appellant, v. 200 West 96th Street, Inc., Respondent.

Court of Appeals of the State of New York.

Decided March 2, 1967.

Attorney(s) appearing for the Case

Jacob Bromberg and Samuel Block for appellant.

Lewis I. Wolf and Emanuel Morgenbesser for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and KEATING concur; Judge BREITEL taking no part.

VAN VOORHIS, J.

This is a negligence action arising from a fall on a sidewalk, commenced more than 18 years ago. It has never been tried. It was at issue and noticed at the February, 1950 Trial Term in New York County. In 1952, a contingent agreement of settlement was made, whereby defendant agreed to pay $3,250 "on condition that the general release in this case shall be executed by the Plaintiff individually...

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