Releases and Fraudulent Inducement
- Feb 18 2024
By: Jeffrey M. Haber In New York, “a valid release constitutes a complete bar to an action on a claim which is the subject of the release.”[1] If “the language of …
Category: General Release
FIRST DEPARTMENT REVERSES DISMISSAL OF PERSONAL INJURY ACTION DESPITE PLAINTIFF’S PRIOR EXECUTION OF A GENERAL RELEASE
- May 18 2022
By Jonathan H. Freiberger In this Blog’s August 23, 2021, article, entitled “Second Department Finds Release Binding Despite Plaintiff’s Claim About Not Understanding the English Language”(the “Prior Article”), we discussed, …
Update: Broad Releases and The Duplication Doctrine
- Jan 10 2022
By: Jeffrey M. Haber Last April, this Blog wrote about Sodhi v. IAC/InterActiveCorp, 2021 N.Y. Slip Op. 31220(U) (Sup. Ct., N.Y. County Apr. 8, 2021) (here), an action to recover money …
Update: Brown v. Cerebus Capital Management, L.P. General Releases, Fraud and The Difference Between Pleading Fraud Under the CPLR and The Federal Rules of Civil Procedure
- Jun 14 2019
On November 18, 2018, this Blog wrote about Brown v. Cerebus Capital Management, LP, 2018 N.Y. Slip Op. 32782 (Sup. Ct., N.Y. County Oct. 30, 2018) (here). Brown involved the …
First Department Finds 45-Year-Old General Release Sufficient To Bar Action To Recover Stolen Art
- Jun 12 2019
Litigations often get settled before trial. When parties decide to settle their disputes, they typically agree to exchange mutual releases – i.e., they agree to give up any claims they …
