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CHOUDHRY v. FIVE STAR CONTRACTING COMPANIES, INC.

52 A.D.3d 763 (2008)

861 N.Y.S.2d 383

IMRAN CHOUDHRY et al., Respondents, v. FIVE STAR CONTRACTING COMPANIES, INC., et al., Defendants, and M.A.C. DESIGN CORP. et al., Appellants.

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

Decided June 24, 2008.

Ordered that the order is affirmed, with costs.

Contrary to the appellants' contention, this action insofar as asserted against the appellant M.A.C. Design Corp. (hereinafter M.A.C.) is not barred by virtue of the alleged release. In order to be entitled to dismissal of an action based upon a release, the movant must show that the release was intended to cover the subject action or claim. In this instance, the papers relied upon by the appellants fail to do so. They...

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