ePlus Group, Inc. v. Dentons US LLP

Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered on September 5, 2014, which, upon reargument, granted defendant’s motion *509 to dismiss plaintiffs’ first, second, fourth and fifth causes of action as barred by a release, unanimously reversed, on the law, without costs, and defendant’s motion denied.

Plaintiffs’ claims against defendant’s predecessor in interest were carved out from the release at issue; accordingly, those claims are not precluded as a matter of law (CDR Créances S.A.S. v Cohen, 104 AD3d 17, 29 [1st Dept 2012], affd in relevant part 23 NY3d 307 [2014]). The carve-out provision was intended to specifically anticipate the arguments raised by defendant. By enforcing the carve-out provision, this Court is giving effect to the intent of the parties to the release (Evans v Famous Music Corp., 1 NY3d 452, 458 [2004]).