Cabibi v. Lundrigan
| Decision Date | 10 May 2004 |
| Docket Number | 2002-02428. |
| Citation | 775 N.Y.S.2d 892,7 A.D.3d 556,2004 NY Slip Op 03755 |
| Parties | JANEY CABIBI, Respondent, v. MELISSA LUNDRIGAN ET AL., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court correctly denied the defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) based on a release (see Mangini v McClurg, 24 NY2d 556 [1969]; Haynes v Garez, 304 AD2d 714 [2003]; Curry v Episcopal Health Servs., 248 AD2d 662 [1998]; Carola v NKO Contr. Corp., 205 AD2d 931 [1994]; Horn v Timmons, 180 AD2d 717 [1992]). There are questions of fact as to whether the release was "fairly and knowingly" made regarding the injuries at issue in this case. Further, given the plaintiff's "later-discovered need for surgery, there are questions of fact as to whether there was a mutual mistake concerning such injuries" (Haynes v Garez, supra at 715; see Mangini v McClurg, supra).
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Moran v. Collazo-Kane
...where plaintiff subsequently learned he would require surgery for those injuries (see e.g. Cabibi v Lundrigan, 7 A.D.3d 556, 557, 775 N.Y.S.2d 892-893 [2d Dept 2004]; see also Curry v Episcopal Health Services, Inc., 248 A.D.2d 662, 662-63, 670 N.Y.S.2d 590, 590 [2d Dept 1998][affirming tri......
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Sukhu v. Marajh, 2009 NY Slip Op 33227(U) (N.Y. Sup. Ct. 11/9/2009)
...of fact as to whether the release was "fairly and knowingly" made regarding the injuries at issue in this case. See, Cabibi v. Lundrigan, 7 A.D.3d 556 (2nd Dept. 2004); Haynes v. Garez, supra; Mangini v. McClurg, supra. The release signed one day after the accident and explicitly covered on......
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