Sauter v. 784 Park Avenue Realty, Inc.

Appellate Division of the Supreme Court of New York

Sauter v. 784 Park Avenue Realty, Inc.

190 A.D.2d 513, 593 N.Y.S.2d 461, 1993 N.Y. App. Div. LEXIS 857

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

DecidedFebruary 2, 1993

StatusPublished

This text of 190 A.D.2d 513 (Sauter v. 784 Park Avenue Realty, Inc.) 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

Sauter v. 784 Park Avenue Realty, Inc., 190 A.D.2d 513, 593 N.Y.S.2d 461, 1993 N.Y. App. Div. LEXIS 857 (N.Y. Ct. App. 1993).

Pincite

Opinion

Order, Supreme Court, New York County (Carmen Beau-champ Ciparick, J.), entered January 6, 1992, which denied defendants’ motion for dismissal of plaintiffs complaint based upon a prior release, unanimously affirmed, with costs.

The release which was before the IAS Court expressly and unequivocally restricts its coverage to all actions, suits, etc., which arose out of the events of September 11-13, 1987 involving water damage sustained by plaintiff. Said release does not preclude the current action concerning water damage which allegedly occurred in August 1988.

We also note that our review is limited to the record before the IAS Court. Concur — Murphy, P. J., Wallach, Ross and Asch, JJ.

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Order, Supreme Court, New York County (Carmen Beau-champ Ciparick, J.), entered January 6, 1992, which denied defendants’ motion for dismissal of plaintiffs complaint based upon a prior release, unanimously affirmed, with costs.

The release which was before the IAS Court expressly and unequivocally restricts its coverage to all actions, suits, etc., which arose out of the events of September 11-13, 1987 involving water damage sustained by plaintiff. Said release does not preclude the current action concerning water damage which allegedly occurred in August 1988.

We also note that our review is limited to the record before the IAS Court. Concur — Murphy, P. J., Wallach, Ross and Asch, JJ.

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Bluebook (online)

190 A.D.2d 513, 593 N.Y.S.2d 461, 1993 N.Y. App. Div. LEXIS 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sauter-v-784-park-avenue-realty-inc-nyappdiv-1993.