(Download) "Vincent Malvica v. Emanuel Blumenfeld" by Court of Appeals of New York * eBook PDF Kindle ePub Free

August 27, 2021

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, Ã‚Â§ 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).