Legal Opinion · Dissent
Marinaccio v. Town of Clarence
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 2017No. 371 CA 16-01222Published
1DissentPeradotto, J.
I respectfully dissent in part inasmuch as I cannot agree with the majority that Supreme Court erred when, in reliance on the release in the parties’ agreement, it dismissed plaintiff’s first and second causes of action, for breach of contract, and his sixth cause of action, for attorneys’ fees. In my view, the release discharges plaintiff’s causes of action, and I would thus affirm the order.
Plaintiff brought suit after his property in Clarence sustained flooding and damages due to the development of a subdivision abutting his property (Marinaccio v Town of Clarence, 90 AD3d 1599 [2011],…
2Cases cited13 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Paul M. Ellington v. EMI Music, Inc.New York Court of Appeals · 2014
- Cooper Distributing Co., Inc., a New Jersey Corporation, in 94-5570 v. Amana Refrigeration, Inc., a Delaware CorporationCourt of Appeals for the Third Circuit · 1995
- Partners v. Superior Well Services, Inc.New York Court of Appeals · 2012
- Marinaccio v. Town of ClarenceNew York Court of Appeals · 2013
8 more not listed; retrieve them via the Exa API.