New York Court of Appeals

Jack Gilbert, Appellant v. Irving S. Rothschild, Respondent

February 28, 1939280 N.Y. 66

Summary

The Court of Appeals affirmed the judgment dismissing the plaintiff's personal injury action because the plaintiff had executed a broad general release that barred the claim, and fraud alone does not void the release without rescission and return of the consideration. The Court also held that the trial court did not err in granting a nonsuit on the opening of counsel.