
    Barbara Kam, an Infant, by Her Guardian ad Litem, Leah Kam, et al., Appellants, v. Morton Blank, Respondent, et al., Defendants.
    Supreme Court, Appellate Term, Second Department,
    March 22, 1960.
    
      
      Eugene B. Canudo for appellants. Harold S. Winston for respondent.
   Per Curiam.

The court erred in determining as a matter of law that the general release delivered to John I. Phlegar, Jr., discharged the defendant, a cotort-feasor. The general release effected a settlement of the action in New Jersey. Under the circumstances, the law of New Jersey should have been applied in a determination of the effect of the general release upon the liability of a cotort-feasor. The burden of proof is upon the defendant to sustain his contention that a general release under the law of New Jersey releases a cotort-feasor.

The judgment and order should be unanimously reversed, with costs to plaintiff to abide the event and motion for a new trial granted.

Concur — Di Giovanna, Benjamin and Daly, JJ.

Judgment and order reversed, etc.  