SOLOW v. AVON PRODS., INC.


44 N.Y.2d 711 (1978)

Sheldon H. Solow, Doing Business as Solow Building Company, Appellant, v. Avon Products, Inc., Respondent.

Court of Appeals of the State of New York.

Decided March 29, 1978.


Attorney(s) appearing for the Case

Joel M. Miller, Jack Newton Lerner, Robert J. McDonald, Paul P. Colborn and Catherine M. A. McCauliff for appellant.

Charles C. Parlin, Jr., John T. Klug and John B. Creegan for respondent.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum; Judge GABRIELLI concurs in result in a separate opinion in which Chief Judge BREITEL concurs.


MEMORANDUM.

The order should be affirmed, with costs.

By the settlement agreement of March 18, 1976, the parties released one another from all claims arising out of the extra work save for the one "already asserted" in the present proceeding. Included among those so released was the claim which had been the subject matter of the prior proceeding. The earlier proceeding was the predicate for the affirmative defense...

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