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STANFILL PLUMBING & HEATING CORP. v. DRAVO CONSTRUCTORS, INC.

191 A.D.2d 187 (1993)

594 N.Y.S.2d 191

Stanfill Plumbing & Heating Corp., Respondent, v. Dravo Constructors, Inc., Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 2, 1993

The parties' intention with respect to the scope of the release is not clear in various respects, including whether it was meant to bar future claims (see, Perritano v Town of Mamaroneck, 126 A.D.2d 623, 624), and thus partial summary judgment based upon the release was properly denied.

There is also present an issue of fact as to whether plaintiff and Dravo subsequently entered into an oral contract for plaintiff...

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