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PALUMBO v. NORSTAR BANK UPSTATE NEW YORK

212 A.D.2d 377 (1995)

622 N.Y.S.2d 263

Carmen A. Palumbo et al., Appellants, v. Norstar Bank Upstate New York et al., Respondents

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

February 7, 1995

Both plaintiffs signed a release barring them from pursuing precisely the sort of litigation that is involved herein. In addition, for more than 5½ years they did not attempt to rescind the settlement agreement.

A party who wishes to repudiate a contract is required to act promptly (Bank Leumi Trust Co. v D'Evori Intl., 163 A.D.2d 26, 30-31). Instead, the agreement herein had been effective for years before the action...

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