MIRANDA v. MORENO


40 A.D.2d 813 (1972)

Dolores Miranda et al., Respondents, v. Arthur Moreno, Appellant

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

November 28, 1972


In this action to recover for personal injuries, the discretion of the court was properly exercised to deny the motion for leave to serve an amended answer to set forth the defense of general release. The defendant submitted nothing to contradict the affidavit of plaintiff's attorney setting forth facts establishing that the release was delivered without plaintiff's authority and that plaintiff never accepted the check delivered as consideration for the release. Furthermore...

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