Commercial Division Blog

Posted: December 6, 2021 / Written by: Jeffrey M. Eilender, Samuel L. Butt, Christopher R. Dyess, Joshua Wurtzel, Hillary S. Zilz /

First Department Holds Issue Of Fact Concerning Release Precludes Dismissal

On October 6, 2021, in Slabakis v. Poyiadjis, 197 A.D.3d 1059 (1st Dep’t 2021), the First Department reversed a Decision and Order of Justice O. Peter Sherwood, which granted defendants’ motion to dismiss the amended complaint.  The Court explained:

Whether the claims at issue were encompassed by the general release, which was a boilerplate release that did not describe in any detail the claims intended to be released, was an issue of fact that precluded dismissal (Cahill v Regan, 5 NY2d 292, 299 [1959]).  Moreover, defendants failed to establish from the face of the pleading that they were entitled to assert the release.

The attorneys at Schlam Stone & Dolan LLP frequently litigate disputes concerning the effectiveness of releases.  Please contact the Commercial Division Blog editors at commercialdivisionblog@schlamstone.com if you or a client have questions concerning releases.