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E. LEE MARTIN, INC. v. SAKS & CO.

30 A.D.3d 1139 (2006)

816 N.Y.S.2d 447

E. LEE MARTIN, INC., Appellant, v. SAKS & COMPANY, Respondent.

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

June 6, 2006.

The release provision contained in the governing consignment agreement clearly and unambiguously provided that, as of the effective date of the agreement, plaintiff would have no claim or cause of action of any kind against defendant, and that any claims against defendant plaintiff had as of that date would be forever released and discharged. Accordingly, the documentary evidence conclusively established that plaintiff could not...

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