Commercial Division Blog
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 ). 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 firstname.lastname@example.org if you or a client have questions concerning releases.