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Romania v. Lamport Holt, LTD

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1923
207 App. Div. 861 (N.Y. App. Div. 1923)

Opinion

November, 1923.


Order affirmed, with ten dollars costs and disbursements. The issue as to whether or not a general release was executed by plaintiff in this action for personal injuries involves an examination of the extent of such injury. The plaintiff's claim is that he was so affected physically and mentally by the injury that he was not a voluntary party to the alleged general release. Under such circumstances two trials involving substantially the same facts would result. For the foregoing reasons we think we should not interfere with the discretion of the Special Term refusing a separate trial of the issue as to the general release. Kelly, P.J., Rich, Manning, Kelby and Kapper, JJ., concur.


Summaries of

Romania v. Lamport Holt, LTD

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1923
207 App. Div. 861 (N.Y. App. Div. 1923)
Case details for

Romania v. Lamport Holt, LTD

Case Details

Full title:ANTONIO ROMANIA, Respondent, v. LAMPORT HOLT, LTD., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1923

Citations

207 App. Div. 861 (N.Y. App. Div. 1923)

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