Legal Opinion · Dissent

In re Arbitration between Bronston & Glassman

New York Court of Appeals

Decided July 7, 1961Published

1Dissent

Froessel, J. (dissenting).

We vote to reverse. In the settlement agreement of May 29, 1959, it was provided that “ all ” claims other than the rights and obligations contained in that agreement which any of the parties had against any other party “ are released and forgiven”. On June 25, 1959, pursuant to said May 29th agreement, a general release was given to appellant and his wife by respondent and his wife ‘£ excepting only obligations arising out of ’ ’ the May 29, 1959 agreement. It further provided: ££ This release may not be changed orally.” It is unambiguous and has never been set…

2Cases cited4 opinions

  1. Matter of Kramer Uchitelle, Inc.New York Court of Appeals · 1942
  2. Raleigh Associates, Inc. v. HenryNew York Court of Appeals · 1951
  3. In re the Arbitration between Minkin & HalperinNew York Court of Appeals · 1952
  4. In re the Arbitration between Binger & ThatcherNew York Court of Appeals · 1952

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