FLEMING v. PONZIANI


29 A.D.2d 881 (1968)

Edward Fleming, Respondent, v. Domenic Ponziani et al., Appellants

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

March 18, 1968


Order reversed, on the law, without costs, and new trial of the issue of the validity of the release ordered. The jury's findings of fact are affirmed.

Upon the separate trial of the defense of general release pleaded by defendant Chodorowski, the jury must have found the following facts. On November 12, 1960 plaintiff, a passenger in defendant Chodorowski's car when it collided with defendant Rainbow Dairies' delivery truck, suffered a severe head injury, multiple...

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