Legal Opinion

Caruso v. Northeast Emergency Medical Associates, P.C.

Appellate Division of the Supreme Court of the State of New York

Decided August 21, 2008Published

1Dissent

Kavanagh, J. (dissenting).

It is well settled that a general release “is a jural act of high significance ... It should never be converted into a starting point for renewed litigation except under circumstances and under rules which would render any other result a grave injustice” (Mangini v McClurg, 24 NY2d 556, 563 [1969]; see Booth v 3669 Delaware, 92 NY2d 934, 935 [1998]). Thus, when “the language of the release is clear, effect must be given to the intent of the parties as indicated by the language employed” (Rocanova v Equitable Life Assur. Socy. of U.S., 83 NY2d 603, 616 [1994]…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
  3. Mangini v. McClurgNew York Court of Appeals · 1969
  4. Jacobson v. SassowerNew York Court of Appeals · 1985
  5. 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975

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