Edelman v. Emigrant Bank Fine Art Finance, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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 NY 210, 214 [1936]).
Plaintiffs make no arguments on appeal as to the fourth cause of action or the second cause of action to the extent it relates to…
2Cases cited6 opinions
- Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Gordon v. Dino De Laurentiis Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Matter of People (Lexington S. I. Co.)New York Court of Appeals · 1936
- Metropolitan Museum Historic District Coalition v. De MontebelloAppellate Division of the Supreme Court of the State of New York · 2005
- Arcidiacono v. Maizes & Maizes, LLPAppellate Division of the Supreme Court of the State of New York · 2004
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