DATA RETRIEVAL AND ASSET LOCATING SYSTEMS INC. v. MEL S. HARRIS AND ASSOCIATES, LLC


12 A.D.3d 243 (2004)

784 N.Y.S.2d 537

DATA RETRIEVAL AND ASSET LOCATING SYSTEMS INC. et al., Respondents, v. MEL S. HARRIS AND ASSOCIATES, LLC, et al., Appellants.

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

November 16, 2004.


It cannot be said as a matter of law that the subject agreement was intended as an immediate substitute for plaintiffs' claims against defendant. "It is often difficult to distinguish between a substitute agreement and an executory accord, the determination of which hinges upon the intent of the parties. `Generally, it is assumed that one does not surrender an existing obligation for a promise to perform in the future'" (Board of Mgrs. of Alexandria Condominium v Broadway...

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