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SAGE v. HALE

80 Misc.2d 812 (1975)

Janice E. Sage, Plaintiff, v. Cynthia J. Hale, Defendant and Third-Party Plaintiff. Marjorie Ortell, Third-Party Defendant.

Supreme Court, Saratoga County.

February 24, 1975

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell & Case for defendant and third-party plaintiff. Clayman, Mead & Gallo for third-party defendant. Rosenstock & Turner for plaintiff.

ARTHUR C. AULISI, J.

This is a motion by third-party defendant, Marjorie Ortell, made prior to the commencement of the trial in the above-entitled action and upon which decision had been reserved, to dismiss the third-party complaint upon the ground that the cause of action may not be maintained because of a release.

The main action was brought by plaintiff to recover damages for personal injuries sustained...

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