New York Court of Appeals

Edward Fleming v. Domenic Ponziani

February 27, 196924 N.Y.2d 105

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the party seeking to enforce a general release signed by a patient within fifteen days of injury bears the burden of proving its validity and that the jury must be instructed on the statutory prohibition of such releases under section 270-b.