GALATIOTO v. HANES


224 A.D.2d 923 (1996)

637 N.Y.S.2d 888

Faustino G. Galatioto, Respondent-Appellant, v. Bill Hanes et al., Appellants-Respondents

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

February 2, 1996


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action seeking damages for personal injuries sustained in a motor vehicle accident, and defendants moved to dismiss the complaint upon the ground of release (see, CPLR 3211 [a] [5]). Six weeks after the accident, plaintiff had agreed to accept the sum of $1,000 from defendants' insurer and had signed a general release relinquishing...

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