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MALVICA v. BLUMENFELD

28 N.Y.2d 851 (1971)

Vincent Malvica, Appellant, v. Emanuel Blumenfeld, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 21, 1971.

Attorney(s) appearing for the Case

Benjamin H. Siff and Thomas R. Newman for appellant.

Walter F. Wortman, Joel H. Lichtenstein and Stanley Tessel for respondent.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, JASEN and GIBSON. Judges BURKE and BREITEL concur on constraint of Milks v. McIver (264 N.Y. 267).

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...

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