Opinion
November 6, 1997
Appeal from the Supreme Court, New York County (Carol Huff, J.).
Summary judgment was properly granted on the ground that the Specific Release executed by plaintiff, pursuant to a stipulation of settlement wherein defendant Derrico and others agreed to pay plaintiff $35,000 to be applied to defendants' principal indebtedness, expressly reserved plaintiff's rights as against defendant Hoffman, who irrespective of his status as a partner, was jointly and severally liable in his separate capacity as a comaker of the note (see, North Fork Bank Trust Co. v. Thomason Indus. Corp., 194 A.D.2d 772, 774).
Concur — Murphy, P. J., Rosenberger, Ellerin, Rubin and Tom, JJ.