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ESTATE OF SPITZ v. POKOIK

4786, 109854/08.

83 A.D.3d 505 (2011)

921 N.Y.S.2d 58

ESTATE OF SAUL SPITZ, Deceased, et al., Appellants-Respondents, v. GARY POKOIK, Also Known as GARY MICHAEL POKOIK and Another, et al., Respondents-Appellants. DAVIN POKOIK, Additional Counterclaim Defendant-Appellant-Respondent.

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

Decided April 14, 2011.

Contrary to counterclaim defendants' contention, the release in a July 2006 settlement agreement among some, but not all, of the parties to the instant litigation does not bar the counterclaims (see Cahill v Regan, 5 N.Y.2d 292, 299 [1959]; see also Lexington Ins. Co. v Combustion Eng'g, 264 A.D.2d 319, 322 [1999]). The release in the settlement agreement covers "all claims ... arising out...

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