Anthony Mangini, as Guardian ad Litem of Deborah Mangini, an Infant v. Howard E. McClurg

Summary

The New York Court of Appeals reversed the Appellate Division’s grant of summary judgment and remanded the case for trial. The court held that genuine issues of fact existed as to whether the parties were mutually mistaken about an unknown hip injury at the time the general releases were executed, and therefore the releases could not be treated as conclusively baring the claim.