Liotti v. Galasso, Langione & Botter
Cases that cite this one
4 later published cases cite this decision.
- Cames v. Craig (Appellate Division of the Supreme Court of New York 2020)
- Ortiz v. Brooks (Appellate Division of the Supreme Court of New York 2016)
- Olden Group, LLC v. 2890 Review Equity, LLC (Appellate Division of the Supreme Court of New York 2022)
- Outdoors Clothing Corp. v. Schneider (Appellate Division of the Supreme Court of New York 2017)
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
In an action, inter alia, to recover damages for fraud, the plaintiffs appeal from an order of the Supreme Court, Nassau County (K. Murphy, J.), entered June 19, 2013, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a).
Ordered that the order is affirmed, with costs.
Contrary to the plaintiffs’ contention, the Supreme Court properly granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) on the ground that the action was barred by a general release. The defendants presented evidence that a general release that was executed in their favor barred the instant action (see CPLR 3211 [a] [5]). “A release is a contract, and its construction is governed by contract law” (Kaminsky v Gamache, 298 AD2d 361, 361 [2002]). “A release will not be treated lightly, and will be set aside by a court only for duress, illegality, fraud, or mutual mistake” (Shklovskiy v Khan, 273 AD2d 371, 372 [2000]). In opposition, the plaintiffs failed to demonstrate that there was fraud, duress, or some other facts sufficient to void the release (see Davis v Rochdale Vil., Inc., 109 AD3d 867 [2013]; Warmhold v Zagarino, 106 AD3d 994 [2013]; Gordon v Boyd, 96 AD3d 719, 720 [2012]).
The parties’ remaining contentions need not be reached in light of our determination. Mastro, J.P., Roman, Sgroi and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.