Rosen v. Town of Oyster Bay

Appellate Division of the Supreme Court of New York

Rosen v. Town of Oyster Bay

216 A.D.2d 283, 627 N.Y.S.2d 994, 1995 N.Y. App. Div. LEXIS 6015

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 5, 1995

StatusPublished

This text of 216 A.D.2d 283 (Rosen v. Town of Oyster Bay) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rosen v. Town of Oyster Bay, 216 A.D.2d 283, 627 N.Y.S.2d 994, 1995 N.Y. App. Div. LEXIS 6015 (N.Y. Ct. App. 1995).

Pincite

Opinion

In an action to recover damages for injury to property, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCabe, J.), entered February 10, 1994, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

There is a triable issue of fact regarding whether the general release executed by the parties on July 5, 1991, bars the plaintiff from commencing this action to recover damages for injury to property that occurred on August 19,1991 (see, CPLR 3212 [b]). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

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In an action to recover damages for injury to property, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCabe, J.), entered February 10, 1994, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

There is a triable issue of fact regarding whether the general release executed by the parties on July 5, 1991, bars the plaintiff from commencing this action to recover damages for injury to property that occurred on August 19,1991 (see, CPLR 3212 [b]). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

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Bluebook (online)

216 A.D.2d 283, 627 N.Y.S.2d 994, 1995 N.Y. App. Div. LEXIS 6015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosen-v-town-of-oyster-bay-nyappdiv-1995.