Appellate Division of the Supreme Court of New York, 2011

Calvaruso v. Hunter Ambulette-Ambulance, Inc.

Appellate Division of the Supreme Court of New York · Decided November 9, 2011

89 A.D.3d 841; 932 N.Y.2d 346

Cases that cite this one

1 later published case cites this decision.

Matter of Houston v. Board of Mgrs. Deer Run Condominium Assn. (Appellate Division of the Supreme Court of New York 2018)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*842The Supreme Court properly declined to set aside the release entered into by the parties on February 26, 2010. “A party seeking to set aside a release on the ground of fraud bears the burden of establishing ‘a material misrepresentation of fact, made with knowledge of its falsity, with intent to deceive, [and] justifiable reliance and damages’ ” (Liling v Segal, 220 AD2d 724, 726 [1995], quoting Mergler v Crystal Props. Assoc., 179 AD2d 177, 181 [1992]). Here, the documentary evidence relied upon by the appellant belies her allegations of fraud and conclusively demonstrates that she does not have a viable cause of action to set aside the release on such grounds (see Leeds, Morelli & Brown, P.C. v Hernandez, 55 AD3d 794, 795 [2008]).

The appellant’s remaining contentions are without merit.

Accordingly, the Supreme Court properly dismissed this matter. Angiolillo, J.E, Leventhal, Austin and Roman, JJ., concur.

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