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EDELMAN v. EMIGRANT BANK FINE ART FINANCE, LLC

6157, 650670/10.

89 A.D.3d 632 (2011)

933 N.Y.S.2d 270

2011 NY Slip Op 8638

ASHER EDELMAN et al., Appellants, v. EMIGRANT BANK FINE ART FINANCE, LLC, et al., Respondents, et al., Defendants.

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

Decided November 29, 2011.

Plaintiffs' third cause of action, which is based on an alleged misrepresentation made in the fall of 2008, is barred by the release in the Standstill Agreement, which is dated as of October 14, 2009. The release includes contingent claims, and this claim of a March 2010 injury arising out of the parties' December 2008 and January 2009 agreements was a contingent claim at the time the Standstill Agreement was executed (see Matter of People, 272 N.Y. 210, 214 [1936...

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