Kaminsky v. Gamache
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, in effect, pursuant to RPAPL article 6 to recover possession of real property, the plaintiffs appeal from an order of the Supreme Court, Kings County (Garry, J.), dated October 4, 2001, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
A release is a contract, and its construction is governed by contract law (see Mangini v McClurg, 24 NY2d 556, 562). Where a release is unambiguous, the intent of the parties must bé ascertained from…
2Cases cited10 opinions
- Mangini v. McClurgNew York Court of Appeals · 1969
- Shklovskiy v. KhanAppellate Division of the Supreme Court of the State of New York · 2000
- Perritano v. Town of MamaroneckAppellate Division of the Supreme Court of the State of New York · 1987
- L & K Holding Corp. v. Tropical Aquarium at Hicksville, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Alcantara v. 603-607 Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 2000
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Cardinal Holdings, Ltd. v. Indotronix International Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- A.A. Truck Renting Corp. v. Navistar, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Burgos v. New York Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2017
- E Trade Financial Corp. v. Deutsche Bank AGDistrict Court, S.D. New York · 2006
- Schiller v. GuthrieAppellate Division of the Supreme Court of the State of New York · 2013
34 more not listed; retrieve them via the Exa API.