Randazzo v. Oberoi

Appellate Division of the Supreme Court of New York

Randazzo v. Oberoi

126 A.D.2d 972, 511 N.Y.S.2d 804, 1987 N.Y. App. Div. LEXIS 42087

Appellate Division of the Supreme Court of the State of New York·Decided January 23, 1987·Published

Opinion

—Order unanimously affirmed, with costs, for reasons stated at Special Term, Gossel, J. Memorandum: We add only that the agreement between the parties herein differs substantially from that involved in Zupan v Firestone (91 AD2d 561, affd 59 NY2d 709) relied on by defendant. Nothing in the agreement between plaintiff and defendant could be construed as a waiver by plaintiff of a right to pursue a remedy at law. (Appeal from order of Supreme Court, Erie County, Gossel, J.—dismiss complaint.) Present—Callahan, J. P., Doerr, Denman, Pine and Balio, JJ.

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—Order unanimously affirmed, with costs, for reasons stated at Special Term, Gossel, J. Memorandum: We add only that the agreement between the parties herein differs substantially from that involved in Zupan v Firestone (91 AD2d 561, affd 59 NY2d 709) relied on by defendant. Nothing in the agreement between plaintiff and defendant could be construed as a waiver by plaintiff of a right to pursue a remedy at law. (Appeal from order of Supreme Court, Erie County, Gossel, J.—dismiss complaint.) Present—Callahan, J. P., Doerr, Denman, Pine and Balio, JJ.

Randazzo v. Oberoi, 126 A.D.2d 972, 511 N.Y.S.2d 804, 1987 N.Y. App. Div. LEXIS 42087 (N.Y. Ct. App. 1987).

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Opinion

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