Cowles v. Brownell

Appeal from an order of the Supreme Court (Walsh, Jr., J.), entered August 27, 1987 in Fulton County, which granted defendant’s motion to dismiss the complaint on the ground that plaintiff had previously released all claims against defendant.

The underlying facts are set forth in this court’s prior decision involving the instant suit (127 AD2d 325), where we held that release-dismissal transactions are not violative of public policy per se and that each case must be examined on a case-by-case basis (supra; see, Newton v Rumery, 480 US —, 107 S Ct 1187). We remitted the case since Supreme Court…