Caruso v. Northeast Emergency Medical Associates, P.C.
Appellate Division of the Supreme Court of the State of New York
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
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
- Mangini v. McClurgNew York Court of Appeals · 1969
- Jacobson v. SassowerNew York Court of Appeals · 1985
- 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
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