Forster v. Manufacturers Trust Co.
240 A.D. 727
| N.Y. App. Div. | 1933

Judgment reversed on the law and a new trial granted, costs to abide the event, as to all issues other than that of release, which we hold to be invalid for lack of consideration. The dismissal of the complaint was predicated upon the view of the trial court that the release was valid. Since the release is invalid, a new trial of the other issues should be had. Kapper, Hagarty, Scudder and Tompkins, JJ., concur; Carswell, J., dissents and votes to affirm.