Appellate Division of the Supreme Court of the State of New York January 12, 1945 (Milano v. Knowles)

Appeal from an order of the Special Term (Schiriek, J.), directing that the issues joined by the answer and reply with respect to the releases be tried preliminarily to the trial of the issues raised by the complaint and answer. The action is in negligence. The answer sets up compromise and release. The plaintiff claims a mutual mistake of fact on the question of release.