BOOTH v. 3669 DELAWARE, INC.


92 N.Y.2d 934 (1998)

703 N.E.2d 757

680 N.Y.S.2d 899

Michael P. Booth et al., Appellants, v. 3669 Delaware, Inc., Defendant, and Benderson Development Company, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided October 20, 1998.


Attorney(s) appearing for the Case

Hughes & Wesp, Buffalo (Stephen M. Hughes of counsel), for appellants.

Hurwitz & Fine, P. C., Buffalo (Harry F. Mooney and Sheldon Hurwitz of counsel), for Benderson Development Company, Inc., respondent.

Leo T. Fabrizi and Charles G. DiPasquale, Buffalo, for Northeast Mechanical, Inc., respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff, a drywall installer, injured his knee while working on stilts in the course of his employment. Ten months after his injury, plaintiff signed a document captioned "RELEASE OF ALL CLAIMS," offered by a representative of defendant Benderson Development's insurance carrier. That document, by its terms, relieved both Benderson and...

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