Alizio v. Perpignano
| Decision Date | 25 March 1996 |
| Citation | 225 A.D.2d 723,640 N.Y.S.2d 191 |
| Parties | Joseph ALIZIO, Appellant, v. Peter Robert PERPIGNANO, etc., et al., Respondents, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Steve Cohn, Carle Place (Susan E. Dantzig, on the brief), for appellant.
Tanner, Propp & Farber, New York City (Robert J.A. Zito, Mark W. Parthemer, and Scott A. Mautner, of counsel), for respondents.
Before MILLER, J.P., and HART, FRIEDMANN and FLORIO, JJ.
MEMORANDUM BY THE COURT.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated November 10, 1994, as granted the motion by the defendants Peter Robert Perpignano, New Haven Plaza Associates, Real Estate Associates Limited II, National Partnership Investment Corp., National Partnership Investments Associates, and Floreance Macagnone to dismiss the first through fourth, sixth, and seventh causes of action.
ORDERED that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the motion is denied.
The plaintiff was a former general partner of the defendant New Haven Plaza Associates (hereinafter New Haven), a New York general partnership. In October 1980, New Haven became a limited partnership when its seven general partners entered into investment and partnership agreements with the defendant Real Estate Associates Limited II (hereinafter Real II), pursuant to which Real II was to make certain installment payments directly to the seven former general partners and capital contributions to the newly-formed limited partnership. The final payment was made by Real II at a closing, at which the parties executed a disbursement agreement acknowledging that all required payments had been made. The disbursement agreement contained a provision releasing Real II from any future claims.
The plaintiff commenced the instant action to recover sums allegedly owed to him by the various defendants pursuant to the parties' agreements, as well as for dissolution of New Haven for alleged breaches of fiduciary duties. All of the defendants except for Irving Eisenberg, Leonard Eisenberg, and Anthony Alizio subsequently moved to dismiss the plaintiff's first through fourth causes of action based upon the release contained in the disbursement agreement, and the sixth and seventh causes of action pursuant to CPLR 3016(b), on the ground that the...
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