# Mangini v. McClurg

> New York Court of Appeals · April 23, 1969 · 24 N.Y.2d 556

URL: https://www.frixlaw.com/law-library/cases/5524881

## Case

- **Full name:** Anthony Mangini, as Guardian ad Litem of Deborah Mangini, an Infant v. Howard E. McClurg
- **Court:** New York Court of Appeals
- **Decided:** April 23, 1969
- **Citations:** 24 N.Y.2d 556; 301 N.Y.S.2d 508; 249 N.E.2d 386; 1969 N.Y. LEXIS 1342
- **Precedential status:** Published
- **Opinion:** Concurrence by Burke
- **Judges:** Breitel, Burke
- **Cited by:** 292 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5524881

## How later opinions describe it (automated extraction)

- holding that summary judgment based on release should not have been granted because “the affidavits and pretrial testimony presented on this motion for summary judgment fail to demonstrate conclusively that no issue of fact remains as to the intent of the parties”
- holding that if “there was a conscious and deliberate intention to discharge liability from all consequences of an accident, the release will be sustained and bar any future claims of previously unknown injuries”
- holding that a party seeking to overturn a general release must show that "he did not know and could not know of the later revealed injuries"

## Opinion text

Burke, J. (concurring).
I concur for reversal on the ground that, on this record, it is evident that this is not a case where there is only a known injury with unknown consequences. Rather, as Justice Sweeney, who originally approved the settlement, found, this is a case in which there is an injury which was unknown to the parties. There was a mutual mistake as to its existence as well as to the consequences of the unknown injury. This is, therefore, the rare case in which the release should be set aside.
Chief Judge Fuld and Judges Scileppi, Bebgan, Keating and Jasen concur; Judge Bubke concurs in a memorandum.
Order reversed, without costs, and case remitted to Special Term for further proceedings in accordance with the opinion, herein.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5524881. Public record. Not legal advice.