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PURCHASE PARTNERS II, LLC v. WESTREICH

50 A.D.3d 499 (2008)

856 N.Y.S.2d 572

PURCHASE PARTNERS II, LLC, et al., Appellants, v. ANTHONY E. WESTREICH, Respondent. (And a Third-Party Action.)

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

Decided April 22, 2008.

Even if, arguendo, plaintiffs were third-party beneficiaries of the August 11, 2004 letter agreement between defendant and third-party defendant Hochfelder, the merger clause in their November 12, 2004 separation agreement effectively barred their claims under the earlier agreement (see Jarecki v Shung Moo Louie, 95 N.Y.2d 665, 669 [2001]). Plaintiffs were aware of the terms of the separation agreement, which did not contain the...

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