Since the claims in the above numbered actions were resolved in the global settlement entered among the parties in 1994, release was a viable affirmative defense, and summary judgment was properly granted. While release was not asserted as an affirmative defense in the answer, it would be permissibly asserted in an amended answer, and thus, the most efficacious course is to deem it asserted, nunc pro tunc, instead of remanding the matter for a motion for leave to amend...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
