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PAISLEY v. RTS TRANSPORTATION SYSTEMS, INC.

285 A.D.2d 973 (2001)

727 N.Y.S.2d 675

ELIJAH PAISLEY, Plaintiff, v. RTS TRANSPORTATION SYSTEMS, INC., et al., Defendants. RTS TRANSPORTATION SYSTEMS, INC., et al., Third-Party Plaintiffs-Respondents, v. RURAL/METRO AMBULANCE, Formerly Known as NATIONAL AMBULANCE, Third-Party Appellant.

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

Decided July 3, 2001.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of third-party defendant to dismiss the third-party complaint on the ground of release, without prejudice to renew the motion following discovery into the circumstances surrounding the negotiation and execution of the release (see, Best v Yutaka, 90 N.Y.2d 833, 834). Given the...

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