SPINALE v. TAG'S PRIDE PRODUCE CORP.


44 A.D.3d 570 (2007)

844 N.Y.S.2d 255

ANTHONY SPINALE, Appellant, v. TAG'S PRIDE PRODUCE CORP. et al., Defendants, and GARY SPEIER, Respondent.

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

Decided October 30, 2007.


The action was properly dismissed on the basis of a 2004 release. Moreover, dismissal was appropriate as the action was commenced in November 2005, more than six years after the alleged fraudulent inducement to sell stock in July 1999, and it conclusively appears that plaintiff could no longer reasonably believe that defendant was trustworthy or had his best interests in mind by January 2003, at the latest, when the parties signed their first settlement agreement involving...

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