Jacqueline S. v. City of New York
Opinion of the Court
Plaintiffs have shown no reason why the broadly worded release is not applicable to bar the claim asserted against the Housing Authority in Action No. 2 (see, Cortino v London Terrace Gardens, 170 AD2d 305, lv denied 78 NY2d 853). Thus, the appeal is moot with respect to that defendant (see, Matter of Two Lincoln Sq. Assocs. v New York City Conciliation & Appeals Bd., 75 AD2d 751). With respect to the individual defendant, plaintiffs have not demonstrated that their alleged reliance on the affidavit led to any damages, since the unfavorable Appellate Division decision was itself reversed, and the assertions about the referendum on the original motion ultimately had no adverse consequence. As for the alleged costs of demonstrating that the affidavit about the referendum was false, the very act of setting out to prove the falsity of the affidavit "necessarily negated any claim of reasonable reliance on the alleged misrepresentations” (Clark v Helmsley Windsor Hotel, 214 AD2d 365, 366). Since plaintiffs have no valid claim for actual damages, they may not seek punitive damages (Hubbell v Trans World Life Ins. Co., 50 NY2d 899, 901). Concur—Sullivan, J. P., Rosenberger, Rubin, Nardelli and Williams, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.