Opinion
No. 4, Docket 30210.
Argued September 20, 1966.
Decided September 20, 1966.
Appeal from an order of the United States District Court for the Southern District of New York, Dudley B. Bonsal, Judge, granting summary judgment to the defendants.
Robert E. Connolley, New York City, for appellant.
Samuel A. Berger, New York City (Rein, Mound Cotton, and Irving Smith, Jr., New York City, on the brief), for Waldo Hutchins, Jr., appellee.
Arthur E. Sullivan, Lark Sullivan, New York City, on the brief for Chemical Bank New York Trust Co., and William J. Fagan, as Executors of and Trustees Under Last Will of Elizabeth Wolcott Hamilton Jaeger, deceased.
Lyman B. Lewis, Geneva, N.Y., on the brief for Lyman B. Lewis, as Executor of and as Trustee under Last Will and Testament of Margaret J. Hutchins, deceased, pro se, and for Elizabeth Boswell as Executor of and as Trustee under Last Will and Testament of Margaret J. Hutchins, deceased.
Before LUMBARD, Chief Judge, and WATERMAN and ANDERSON, Circuit Judges.
We affirm in open court the order of the District Court for the Southern District of New York which granted summary judgment to the defendants, dismissing the complaint, on the grounds of res judicata and collateral estoppel arising from the determination by the New York courts of the validity of the release executed by plaintiff, for the reasons set forth in Judge Bonsal's opinion, reported at 245 F. Supp. 578.