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RAKE v. CORN

67 Misc.2d 986 (1971)

Carole C. Rake, Plaintiff, v. Marvin Corn, Defendant and Third-Party Plaintiff. E. Richard Kinne, Third-Party Defendant.

County Court, Orange County.

August 19, 1971

Attorney(s) appearing for the Case

Levinson, Jenkins & Cassidy for third-party defendant. Connolly & Connolly for plaintiff. Hurley & Fox for defendant and third-party plaintiff.

THOMAS R. HADAWAY, J.

The third-party defendant, Dr. Kinne, has moved to dismiss the complaint of the defendant and third-party plaintiff, Dr. Corn, on the ground that the plaintiff had executed a release to the third-party defendant prior to the commencement of the third-party action, which release is dated April 14, 1969, upon payment to her, by Dr. Kinne, of the sum of $1,015.

Dr. Corn was a tenant...

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