Ordered that the order is modified by adding thereto a provision dismissing the defendant's second defense; as so modified, the order is affirmed, with costs to the plaintiff.
It is undisputed that the plaintiff sustained injury while a passenger in a vehicle which was driven by the defendant with the consent of the owner and which collided with a tree. In exchange for $10,000 paid by the owner's insurer, the plaintiff executed a standard "Blumberg" form release ...
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