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RILL v. DARLING

44 Misc.2d 174 (1964)

Virginia M. Rill, as Administratrix of The Estate of Robert H. Rill, Deceased, Plaintiff, v. Hugh B. Darling, Defendant.

Supreme Court, Trial Term, Madison County.

October 21, 1964

Attorney(s) appearing for the Case

Kiley, Feldmann, Whalen & Fuller (William D. Kiley of counsel), for plaintiff. Santry, Nemeti & McDermott (Robert F. McDermott of counsel), for defendant.

HOWARD A. ZELLER, J.

In this action at law plaintiff seeks to recover money damages for the death of her ailing husband which she alleges was accelerated by the negligence of defendant. Defendant's answer interposes the affirmative defense of a release executed by decedent. Defendant's motion for summary judgment on his defense has been denied by Special Term and the denial affirmed on appeal. (Rill v. Darling, 21 A.D.2d 955

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