JULIUS BLUMBERG, INC. v. 52 HABITAT CO.


200 A.D.2d 482 (1994)

606 N.Y.S.2d 234

Julius Blumberg, Inc., Respondent, v. 52 Habitat Company, Appellant

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

January 18, 1994


On September 25, 1989, as part of a settlement in a prior action between the parties, defendant-landlord executed a release which contained the qualification that its "rights to any accrued but unbilled rent and/or additional rent for water charges[,] * * * for sprinkler supervisory service * * * and real estate taxes * * * shall not be extinguished by this Release." By invoice dated January 25, 1990, defendant billed tenant $55,139.07, which represented a claim for accrued...

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