BALAKA v. STORK RESTAURANT, INC

In an action to recover damages for personal injuries, defendant pleaded as an affirmative defense that it had paid to plaintiff $750 which plaintiff accepted in full accord and satisfaction for the claim stated in the complaint. Plaintiff interposed a reply in which she alleged that acceptance of said payment was procured by the defendant's fraud, misrepresentation, pressure, undue influence, and overreaching. Plaintiff appeals from an order granting defendant's motion for a prior and separate trial of the issue of release. Order affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P.J., MacCrate, Schmidt, Murphy and Ughetta, JJ., concur.