RIVER YORK LLC v. LINDERMAN

570237/03.

37 Misc.3d 7 (2012)

951 N.Y.S.2d 311

2012 NY Slip Op 22190

RIVER YORK STRATFORD, LLC, Appellant, v. ESTELLE LINDERMAN et al., Respondents.

Supreme Court, Appellate Term, First Department.

July 16, 2012.


Attorney(s) appearing for the Case

Belkin Burden Wenig & Goldman, LLP, New York City ( Joseph Burden of counsel), for appellant. Davis & Gilbert LLP, New York City ( Michael Lasky of counsel), for respondents.


OPINION OF THE COURT

Per Curiam.

Order, entered February 4, 2011, reversed, with $10 costs, motion denied and petition reinstated.

Respondents' pre-answer motion to dismiss this September 2010 nonprimary residence holdover proceeding should have been denied. "The meaning and coverage of a general release depends on the controversy being settled and upon the purpose for which the release was actually given ... A release may not be read to cover matters...

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