ELSON v. DELANEY


74 Misc.2d 588 (1973)

Virginia Elson, Plaintiff, v. Frank L. Delaney, Defendant.

Supreme Court, Cayuga County.

May 22, 1973


Attorney(s) appearing for the Case

Noble, Leary, Leary & Lynch (Joseph E. Lynch of counsel), for defendant. Miserendino, Krull & Foley (Jonathan David Estoff of counsel), for plaintiff.


MARSHALL E. LIVINGSTON, J.

This is a motion to dismiss a complaint in a negligence action. Defendant asserts that, as a matter of law, based on the testimony of the plaintiff at an examination before trial, he has a full and complete defense to the claim by release given by the plaintiff, which is pleaded as an affirmative defense in the answer.

The motion is denied, without costs.

The accident occurred July 25, 1968, and the plaintiff...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases