Spiegel v. Gnadzinski

— Order reversed on the law without costs and defendant’s motion denied. Memorandum: Supreme Court erred by dismissing plaintiff’s complaint because a question of fact exists concerning whether plaintiff suffers from an injury unknown at the time of the release or suffers merely from an unanticipated consequence of a known injury (see, Mangini v McClurg, 24 NY2d 556).

All concur, except Boomer and Lawton, JJ., who dissent and vote to affirm, in the following memorandum.