New York Supreme Court May 20, 1983 (DeCosta v. Williams)

OPINION OF THE COURT

Charles H. Cohen, J.

In this action to recover damages for personal injuries arising out of an automobile accident which took place on March 6, 1981, brought by plaintiff Carol Van Rossum DeCosta (and for loss of services and medical expenses brought by her husband, Jocelyn DeCosta) defendants interposed a fourth affirmative defense alleging “settlement, payment and release.