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Balaka v. Stork Restaurant, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1955
286 App. Div. 1018 (N.Y. App. Div. 1955)

Opinion

October 10, 1955.


In an action to recover damages for personal injuries, defendant pleaded as an affirmative defense that it had paid to plaintiff $750 which plaintiff accepted in full accord and satisfaction for the claim stated in the complaint. Plaintiff interposed a reply in which she alleged that acceptance of said payment was procured by the defendant's fraud, misrepresentation, pressure, undue influence, and overreaching. Plaintiff appeals from an order granting defendant's motion for a prior and separate trial of the issue of release. Order affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P.J., MacCrate, Schmidt, Murphy and Ughetta, JJ., concur.


Summaries of

Balaka v. Stork Restaurant, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1955
286 App. Div. 1018 (N.Y. App. Div. 1955)
Case details for

Balaka v. Stork Restaurant, Inc.

Case Details

Full title:DAISY BALAKA, Appellant, v. STORK RESTAURANT, INC., Doing Business as the…

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

Date published: Oct 10, 1955

Citations

286 App. Div. 1018 (N.Y. App. Div. 1955)

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Balaka v. Stork Restaurant, Inc.

On March 30, 1955 an order was entered granting appellant's motion for a prior and separate trial of the…