Opinion
May 12, 1997
Appeal from the Supreme Court, Queens County (LeVine, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly concluded that there is an issue of fact as to whether the general release executed in conjunction with the settlement of a prior action was intended to cover the subject matter of this action (see, Structural Processing Corp. v Farboil Co., 234 A.D.2d 284; Lefrak SBN Assocs. v. Kennedy Galleries, 203 A.D.2d 256; Perritano v. Town of Mamaroneck, 126 A.D.2d 623).
Miller, J.P., Altman, Goldstein and Florio, JJ., concur.