From Casetext: Smarter Legal Research

Processing Corp. v. Farboil Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1996
234 A.D.2d 284 (N.Y. App. Div. 1996)

Opinion

December 2, 1996.

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Queens County (Golar, J.), dated December 4, 1995, which denied its motion for summary judgment dismissing the complaint.

Before: Bracken, J.P., Copertino, Joy, Florio and McGinity, JJ.


Ordered that the order is affirmed, with costs.

"The meaning and coverage of a general release depends on the controversy being settled and upon the purpose for which the release was actually given * * * A release may not be read to cover matters which the parties did not desire or intend to dispose of ( Lefrak SBN Assocs. v Kennedy Galleries, 203 AD2d 256, 257, citing Cahill v Regan, 5 NY2d 292, 299). The plaintiff averred that the release in this case was prepared in the context of the settlement of a prior action with respect to construction projects of Trump Plaza and Carlyle Towers. The defendant failed to establish that the release was intended to bar recovery in the present action with respect to a construction project of a McDonalds Restaurant ( see, Long Is. Pipe Fabrication Supply Corp. v S S Fire Suppression Sys., 226 AD2d 1136; Enock v National Westminster Bankcorp, 226 AD2d 235; Matter of Kemp v Perales, 199 AD2d 320; Perritano v Town of Mamaroneck, 126 AD2d 623).


Summaries of

Processing Corp. v. Farboil Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1996
234 A.D.2d 284 (N.Y. App. Div. 1996)
Case details for

Processing Corp. v. Farboil Company

Case Details

Full title:STRUCTURAL PROCESSING CORP., Respondent, v. FARBOIL COMPANY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 2, 1996

Citations

234 A.D.2d 284 (N.Y. App. Div. 1996)
650 N.Y.S.2d 769

Citing Cases

Schuman v. Gallet, Dreyer

The sole remaining issue is whether the Release in favor of the Law Firm accrues to the benefit of Berkey,…

Sayers v. Albicocco

The nonstandard placement of the adjective "related" results in an ambiguity as to whether the parties'…