Teller Paving & Contracting Corp. v. City of New York

Appellate Division of the Supreme Court of New York

Teller Paving & Contracting Corp. v. City of New York

72 A.D.2d 694, 421 N.Y.S.2d 364, 1979 N.Y. App. Div. LEXIS 13878

Appellate Division of the Supreme Court of the State of New York·Decided November 8, 1979·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County, entered August 3, 1978, reversed, on the law, and defendant-appellant’s motion for summary judgment dismissing the complaint granted, without costs. Eight consecutive waivers of claims theretofore existing against defendant-appellant city were executed by plaintiff-respondent "waiving and releasing all claims which it may have against the City * * * arising out of the aforesaid contract.” This language is clear and to the point, containing no reservations, and plaintiff is bound thereby. (See Mars Assoc, v City of New York, 70 AD2d 839; Novison & Co. v City of New York, 72 AD2d 539.) Concur— Bloom, J. P., Lane, Markewich, Lupiano and Ross, JJ.

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Order, Supreme Court, New York County, entered August 3, 1978, reversed, on the law, and defendant-appellant’s motion for summary judgment dismissing the complaint granted, without costs. Eight consecutive waivers of claims theretofore existing against defendant-appellant city were executed by plaintiff-respondent "waiving and releasing all claims which it may have against the City * * * arising out of the aforesaid contract.” This language is clear and to the point, containing no reservations, and plaintiff is bound thereby. (See Mars Assoc, v City of New York, 70 AD2d 839; Novison & Co. v City of New York, 72 AD2d 539.) Concur— Bloom, J. P., Lane, Markewich, Lupiano and Ross, JJ.

Teller Paving & Contracting Corp. v. City of New York, 72 A.D.2d 694, 421 N.Y.S.2d 364, 1979 N.Y. App. Div. LEXIS 13878 (N.Y. Ct. App. 1979).

Pincite

72 A.D.2d 694 (Teller Paving & Contracting Corp. v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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