BEST v. YUTAKA


90 N.Y.2d 833 (1997)

683 N.E.2d 12

660 N.Y.S.2d 547

David Best et al., Appellants, v. Nemoto Yutaka et al., Respondents.

Court of Appeals of the State of New York.

Decided June 10, 1997.


Attorney(s) appearing for the Case

Steven Smedresman, P. C., New York City (Gregory P. Haegele of counsel), for appellants.

Smith, Mazure, Director, Wilkins, Young, Yagerman & Tarallo, P. C., New York City (Melissa S. Romano and J. Jay Young of counsel), for respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


MEMORANDUM.

The order of the Appellate Division should be reversed insofar as the appeal lies, with costs, and defendants' motion for summary judgment denied.*

On the eve of the trial of this personal injury action, defendants moved for leave to amend their answer to assert the affirmative defense of release and for summary judgment dismissing the complaint on that basis. Plaintiff David...

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