COLTON v. NEW YORK HOSP.


53 A.D.2d 588 (1976)

Donne Colton et al., Appellants-Respondents, v. New York Hospital et al., Respondents-Appellants

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

June 24, 1976


In this action for medical malpractice and loss of consortium, the parties cross-appeal from an order entered December 2, 1975 which denied defendants' motion for summary judgment dismissing the complaint and denied as well plaintiffs' motion to strike the third affirmative defense of release. Special Term decided that the question of the sufficiency of the release should be left for determination at trial. Defendants urge that the instrument in question is a complete bar...

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