Harkins v. Gilkey 285 A.D. 848

Order insofar as appealed from affirmed, with $10 costs and disbursements. All concur. (Appeal from part of an order denying defendants’ motion for summary judgment, in a negligence action. Defendants ask dismissal under rule 113 of the Rules of Civil Practice on the grounds that their defense of release is sufficient as matter of law.) Present — McCurn, P. J., Vaughan, Kimball. Wheeler and Van Duser, JJ.