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Calloway v. Adams

Appellate Term of the Supreme Court of New York, First Department
Apr 1, 2004
2004 N.Y. Slip Op. 50271 (N.Y. App. Term 2004)

Opinion

570742/03.

Decided April 1, 2004.

Plaintiff appeals from an order of the Small Claims Part of the Civil Court, New York County, entered May 1, 2003 (Geoffrey D. Wright, J.), granting defendant's motion to dismiss the action.

Order entered May 1, 2003 (Geoffrey D. Wright, J.) affirmed, without costs.

PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.


The order dismissing plaintiff's small claims action against his former attorney achieved substantial justice between the parties (New York City Civ. Ct. Act § 1807). The record demonstrates that plaintiff, represented by new counsel, executed a general release which was clearly intended to resolve all claims between the parties, including the fee dispute at issue in this action (see, Tavoulareas v. Bell, 292 AD2d 258).

This constitutes the decision and order of the court.


Summaries of

Calloway v. Adams

Appellate Term of the Supreme Court of New York, First Department
Apr 1, 2004
2004 N.Y. Slip Op. 50271 (N.Y. App. Term 2004)
Case details for

Calloway v. Adams

Case Details

Full title:TY CALLOWAY, Plaintiff-Appellant, v. BENJAMIN ADAMS, Defendant-Respondent

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Apr 1, 2004

Citations

2004 N.Y. Slip Op. 50271 (N.Y. App. Term 2004)