Legal Opinion

Pacheco v. 32-42 55th Street Realty, LLC

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

Decided May 11, 2016No. 2015-02587PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Lane, J.), entered February 3, 2015, as denied his cross motion, in effect, to preclude the defendants from asserting an affirmative defense based on a general release, and the defendants cross-appeal from so much of the same order as denied that branch of their motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint as barred by a general release.

Ordered that the order is affirmed insofar as appealed and…

2Cases cited20 opinions

  1. Mangini v. McClurgNew York Court of Appeals · 1969
  2. Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V.New York Court of Appeals · 2011
  3. Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1975
  4. Booth v. 3669 Delaware, Inc.New York Court of Appeals · 1998
  5. Farrington v. Harlem Savings BankNew York Court of Appeals · 1939

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3Cited by6 opinions

  1. Benowski v. Track Dr., LLCAppellate Division of the Supreme Court of the State of New York · 2026
  2. Fimbel v. VasquezAppellate Division of the Supreme Court of the State of New York · 2018
  3. Herson v. KirschenfeldAppellate Division of the Supreme Court of the State of New York · 2018
  4. Milien v. City of New York - Department of EducationDistrict Court, E.D. New York · 2023
  5. Preston v. CretaAppellate Division of the Supreme Court of the State of New York · 2026

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