Affirmed without costs (Unexcelled Laundry System v. Esemann, 248 App. Div. 610, affd. 273 N.Y. 555).
At the time the release of June 13, 1966 was executed and delivered, there was no existing controversy between the parties. Therefore, the release of defendant Wenke from all liability under the contract and the cancellation of the contract in its entirety could only mean a release of possible future liability under the restrictive covenant.
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