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COMMISSIONERS OF STATE INSURANCE FUND v. FORTUNE INTERIOR DISMANTLING CORP.

7 A.D.3d 427 (2004)

777 N.Y.S.2d 436

COMMISSIONERS OF THE STATE INSURANCE FUND, Appellant, v. FORTUNE INTERIOR DISMANTLING CORP., Respondent, ET AL., Defendants.

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

May 20, 2004.

The scope of a general release depends on the controversy being settled and the purpose for which the release is actually given. A release may not be read to cover matters which the parties did not intend to dispose of, or which were not in dispute at the time (see Enock v National Westminster Bankcorp, 226 A.D.2d 235 [1996]). Here, the agreement with the State Insurance Fund reflects that without any admission of liability, defendants...

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