(Download) "Vincent Malvica v. Emanuel Blumenfeld" by Court of Appeals of New York " Book PDF Kindle ePub Free
eBook details
- Title: Vincent Malvica v. Emanuel Blumenfeld
- Author : Court of Appeals of New York
- Release Date : January 21, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Order affirmed, without costs. The case is governed by Milks v. McIver (264 N. Y. 267), the release having been given without reservation at a time when the fact of aggravation of the injury by malpractice was fully known, as the Appellate Division held, and thus is without the ambit of Derby v. Prewitt (12 N.Y.2d 100). Contrary to appellant's contention, section 15-105 of the General Obligations Law (formerly Debtor and Creditor Law, ร‚ร§ 235) is not applicable. (See Rector of St. James Church v. Cty of New York, 261 App. Div. 614; contra, Berlow v. New York State Thruway Auth., 35 A.D.2d 356.) Indeed, the same contention was argued and implicitly rejected in Rapp v. Myers (291 N. Y. 709).