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 to the action, that public policy supports its enforcement, and that there are no factual issues regarding its execution to be adjudicated. Plaintiffs assert that the instrument on its face does not discharge defendants from liability for negligence or medical malpractice and is not a bar to the present action. They further contend that, if it is construed to relieve defendants from their own negligence, the instrument is void as against public policy. Without intending to determine the ultimate issues, but merely to set forth some
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.https://leagle.com/images/logo.png
June 24, 1976
June 24, 1976
Appellate Division of the Supreme Court of the State of New York, First Department.
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