Legal Opinion
Hydrodyne Industries, Inc. v. Marine Midland Bank, N. A.
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1986PublishedCited by 3 opinions
1Opinion of the Court
— In an action to recover alleged overcharges of interest on a loan, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Mclnerney, J.), entered September 14, 1984, which granted the defendant’s motion to dismiss the complaint on the ground that the plaintiff voluntarily executed a release.
Order affirmed, with costs.
The plaintiff’s execution of a general release serves as an absolute bar to the instant action (see, CPLR 3211 [a] [5]). The conclusory allegations contained in the plaintiff’s affidavit in opposition to the motion to dismiss are inadequate to sustain its…
2Cases cited3 opinions
- Powell v. Oman Construction Co.Appellate Division of the Supreme Court of the State of New York · 1966
- Ermco Erectors, Inc. v. Grand Iron Works, Inc.New York Court of Appeals · 1983
- Ermco Erectors, Inc. v. Grand Iron Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
3Cited by3 opinions
- Cramer v. Newburgh Molded Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Chamberlin v. Board of Education of the City School DistrictAppellate Division of the Supreme Court of the State of New York · 1994
- Gilchrist v. OlverAppellate Division of the Supreme Court of the State of New York · 2023