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DOMINO MEDIA, INC. v. HRH CONSTR., DIV. OF STARETT HOUS.

212 A.D.2d 359 (1995)

622 N.Y.S.2d 253

Domino Media, Inc., et al., Plaintiffs, v. HRH Construction, Division of Starett Housing, et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendants. Avalanche Wrecking Corporation, Third-Party Defendant-Appellant; Cuyahoga Wrecking Corp. et al., Third-Party Defendants-Respondents

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

February 2, 1995

The party relying on a release carries the burden of proof to establish its validity as to the claims sought to be barred (see, Hill v St. Clare's Hosp., 67 N.Y.2d 72, 84; Fleming v Ponziani, 24 N.Y.2d 105, 110). Here, the third-party defendant-appellant, Avalanche Wrecking Corp., has failed to establish as a matter of law that the release...

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