From Casetext: Smarter Legal Research

Campbell v. Muncie

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1935
246 App. Div. 633 (N.Y. App. Div. 1935)

Opinion

November, 1935.


In an action to recover damages for alienation of affections, order granting defendant Curtis H. Muncie's motion under rule 107, subdivision 7, Rules of Civil Practice, to dismiss the complaint because the cause of action had been released, and the judgment entered pursuant to said order, reversed on the law and the facts, with ten dollars costs and disbursements; and it is directed that the question of fact as to the validity and applicability of the release be tried by a jury and the findings thereof reported to the Special Term for its action on the motion as provided in rule 108 of the Rules of Civil Practice. ( Perloff v. Kelmenson, 226 App. Div. 696; Mohamed v. Unifruitco Steamship Co., Ltd., 223 id. 791; Horlick v. Horlick, 243 id. 559.) The affidavits raise an issue of fact as to the applicability of the general release to the cause of action set out in the complaint, as well as the validity thereof in its relation to that cause of action. Lazansky, P.J., Carswell, Tompkins, Davis and Johnston, JJ., concur.


Summaries of

Campbell v. Muncie

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1935
246 App. Div. 633 (N.Y. App. Div. 1935)
Case details for

Campbell v. Muncie

Case Details

Full title:MICHAEL V. CAMPBELL, Appellant, v. CURTIS H. MUNCIE, Respondent, and ADA…

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

Date published: Nov 1, 1935

Citations

246 App. Div. 633 (N.Y. App. Div. 1935)

Citing Cases

Campbell v. Muncie

The plaintiff moved at Special Term for an order framing issues for a trial by a jury involving a release…