In an unpublished memorandum and order pursuant to its rule 1:28, the Appeals Court reversed, concluding that, in light of Leblanc v. Friedman, 438 Mass. 592 (2003), the reference in the release to the litigation being settled operated to limit the scope of the release to the claims in that specific litigation. Eck v. Godbout, 61 Mass. App. Ct. 1112 (2004). We granted Kellem's application for further appellate review, limited to the issue of the release.