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TLC Medical Transportation Services Inc. v. Syracuse City School District

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1987
133 A.D.2d 529 (N.Y. App. Div. 1987)

Opinion

September 30, 1987

Appeal from the Supreme Court, Onondaga County, Grow, J.

Present — Callahan, J.P., Doerr, Boomer, Balio and Lawton, JJ.


Order unanimously affirmed with costs. Memorandum: Special Term properly denied defendant's motion for summary judgment in this breach of contract action. Defendant failed to prove that the release clause it relies upon, contained in an unsigned document, was a part of the contract between the parties. Moreover, even if it were proven that this clause is a part of the contract, questions of fact exist whether the city's payment and the plaintiff's acceptance of the sum of $175, which was less than the amount of plaintiff's last invoice, not denominated a "final payment", and made several months after issue was joined in this lawsuit, operates as a release of plaintiff's claims.


Summaries of

TLC Medical Transportation Services Inc. v. Syracuse City School District

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1987
133 A.D.2d 529 (N.Y. App. Div. 1987)
Case details for

TLC Medical Transportation Services Inc. v. Syracuse City School District

Case Details

Full title:TLC MEDICAL TRANSPORTATION SERVICES, INC., Respondent, v. SYRACUSE CITY…

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

Date published: Sep 30, 1987

Citations

133 A.D.2d 529 (N.Y. App. Div. 1987)

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