J.D. REALTY ASSOCIATES v. SHANLEY


288 A.D.2d 27 (2001)

732 N.Y.S.2d 226

J.D. REALTY ASSOCIATES, Respondent-Appellant, v. ROBERT SHANLEY, Appellant-Respondent.

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

Decided November 8, 2001.


The trial court correctly determined that pursuant to the release provision in the stipulation of settlement executed by the parties on June 3, 1997, the parties released each other from all claims, other than those for personal injury, to the date of the stipulation. The release provisions were clear and unequivocal. Thus, plaintiff's claim that it did not knowingly waive the claims it now asserts to a 1995 lease and rent arrears up to the date of the stipulation is untenable...

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