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MIELCAREK v. KNIGHTS

50 A.D.2d 122 (1975)

Theresa Mielcarek, Respondent, v. Mary E. Knights, as Executrix of William C. Knights, Jr., Deceased, et al., Respondents, and Kevin D. Cox, as Administrator of The Estate of Henry W. Konowalski, Deceased, Appellant

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

December 12, 1975

Attorney(s) appearing for the Case

O'Shea, Adamson, Reynolds & Napier (John Adamson, Jr., of counsel), for appellant.

Weaver, Maghran & McCarthy (Irving C. Maghran, Jr., of counsel), for Mary E. Knights, respondent.

Hickey, MCHugh & Garlick (Thomas Garlick of counsel), for William A. Stoddard, Sr., respondent.

MOULE, J. P., SIMONS, MAHONEY and DEL VECCHIO, JJ., concur.

CARDAMONE, J.

QUESTION PRESENTED

The sole question to be determined upon this appeal is whether one tort-feasor who has settled with and obtained a release from the plaintiff, and as to whom the plaintiff is willing to discontinue, is entitled to an order of discontinuance; or is he required to attend and participate as a party defendant in the trial of the...

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