Opinion
December 27, 1979
Motion for reargument granted insofar as to republish the memorandum decision filed with the order of this court entered on November 8, 1979 [ 72 A.D.2d 694]: Order, Supreme Court, New York County, entered August 3, 1978, reversed, on the law, and defendant-appellant's motion for summary judgment dismissing the complaint granted, without costs. Eight consecutive waivers of claims theretofore existing against defendant-appellant city were executed by plaintiff-respondent "waiving and releasing all claims which it may have against the city * * * arising out of the aforesaid". We construe the word "aforesaid" to refer to the entire contract and not merely to the time extension caused by delay in removal of the existent installation. We observe that the letter on plaintiff's stationery in and by which the claims were waived clearly identified the applicable contract in its heading both by number and job description. Rights already waived cannot be reinstated without consent, not here apparent. (See Mars Assoc. v. City of New York, 70 A.D.2d 839; Novinson Co. v City of New York, 72 A.D.2d 539.)
Concur — Bloom, J.P., Lane, Markewich, Lupiano and Ross, JJ.