CITIBANK v. HOFFMAN

Summary judgment was properly granted on the ground that the Specific Release executed by plaintiff, pursuant to a stipulation of settlement wherein defendant Derrico and others agreed to pay plaintiff $35,000 to be applied to defendants' principal indebtedness, expressly reserved plaintiff's rights as against defendant Hoffman, who irrespective of his status as a partner, was jointly and severally liable in his separate capacity as a comaker of the note (see, North Fork Bank Trust Co. v. Thomason Indus. Corp., 194 A.D.2d 772, 774).

Concur — Murphy, P. J., Rosenberger, Ellerin, Rubin and Tom, JJ.