John J. Breen, Plaintiff-Respondent v. Harry G. Peck, Defendant-Appellant

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, reinstating the plaintiff's complaint and holding that the release of the plaintiff's claim against Levine does not bar his tortious interference claim against Peck because the issue of intent and full compensation is a factual question for trial. The court also held that summary judgment was improper where no clear and undisputed factual showing existed. A concurrence disagreed, maintaining that a release of one tortfeasor discharges all joint tortfeasors.