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DECOSTA v. WILLIAMS

119 Misc.2d 314 (1983)

Carol V. DeCosta et al., Plaintiffs, v. Alton F. Williams et al., Defendants.

Supreme Court, Special Term, Kings County.

May 20, 1983

Attorney(s) appearing for the Case

Isadore C. Bleiberg for plaintiffs. Tarangelo, Totura & Hargous (John W. Kondulis of counsel), for defendants.

CHARLES H. COHEN, J.

In this action to recover damages for personal injuries arising out of an automobile accident which took place on March 6, 1981, brought by plaintiff Carol Van Rossum DeCosta (and for loss of services and medical expenses brought by her husband, Jocelyn DeCosta) defendants interposed a fourth affirmative defense alleging "settlement, payment and release."

Plaintiffs made a motion for an order striking that defense. The court...

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