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SCHUMAN v. GALLET, DREYER & BERKEY, L.L.P.

280 A.D.2d 310 (2001)

719 N.Y.S.2d 864

RICHARD R. SCHUMAN, Respondent, v. GALLET, DREYER & BERKEY, L.L.P., et al., Defendants, and DAVID BERKEY, Appellant.

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

Decided February 8, 2001.

The motion court correctly determined that the general release executed by plaintiff, which discharged defendant law firm, also released defendant Berkey, a partner in the firm, from the same vicarious liability to plaintiff, even though he was not specifically named in the release (see, General Obligations Law § 15-107). However, it did not discharge Mr. Berkey in his individual capacity because "each partner, employee...

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