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claims. The personal injury allocation increased to $94,500 in a
June 27, 1994, draft agreement, $95,000 in a July 1, 1994, and
succeeding draft agreements, and to $116,000 in the December 22,
1994, final agreement.
The final agreement provided for a lump-sum payment of
$116,000 to be paid by December 29, 1994, (less $25,000 advanced
to petitioner on December 19, 1994) and one payment of $3,333.33
to be paid on January 1, 1995. Petitioner’s retirement date, per
the final agreement, was February 1, 1995. In addition, the
agreement did not require the repayment of the $48,420 advanced
to petitioner prior to the final agreement. Ultimately,
petitioner received $167,753.33 ($116,000.00, $48,420.00, and
$3,333.33).
The final agreement, in pertinent part, contains the
following personal injury clause:
in consideration of Mr. Knoll’s release of all claims
for compensatory damages, defamation, intentional and
negligent infliction of emotional distress, loss and
diminishment of personal reputation and all other
claims of personal injury, including, but not limited
to those described in subparagraph n of paragraph 1 of
this Agreement, the Firm will pay Mr. Knoll a lump sum
payment in the amount of $116,000 * * * .
Subparagraph n of paragraph 1 of the final agreement was a
general release, the language of which was substantially
unchanged from the time of the first draft through the final
agreement. In particular, the general release paragraph was not
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Last modified: May 25, 2011