99 A.D.2d 826 | N.Y. App. Div. | 1984
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Kings County (Jordan, J.), dated January 12,1983, which, after a hearing, dismissed plaintiffs’ complaint on the ground that the action was barred by a valid release. Judgment reversed, with costs, and complaint reinstated. On February 22, 1979, an automobile driven by defendant Rick Gordon and owned by defendant Max Schissel hit plaintiff S. E. McDaniel, a pedestrian, and also caused plaintiff Kathleen McDaniel to fall. After various meetings, defendant Gordon agreed to pay plaintiffs $350 for two weeks’ lost wages. Before paying the money, however, defendant Gordon gave plaintiffs a paper to sign which plaintiffs contended was a receipt for the $350 but which defendant Gordon contended was a general release of liability of defendants. The document, a standard “Blumberg” form release, reads, in pertinent part, as follows: “know ye, That Mr. & Mrs. S.E. McDaniel, Jr. for and in consideration of the sum of three hundred & fifty dollars ($350.00) * * * to Mr. & Mrs. S.E. McDaniel in hand paid by Richard Gordon the receipt whereof is hereby acknowledged, have remised, released, and forever discharged and by these presents do for [blank] heirs, executors and administrators and assigns, remise, release and forever discharge the said [blank] heirs, executors, administrators * * * from all