Linn v. New York Downtown Hospital

Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered October 31, 2014, which denied defendant Viorel Nicolescu, M.D.’s motion for summary judgment dismissing the complaint as against him on the grounds that a general release executed by plaintiffs bars plaintiffs’ action against him, unanimously affirmed, without costs.

The release at issue provides that, in exchange for defendant Cabrini Center for Nursing and Rehabilitation’s (Cabrini) payment to plaintiffs of $25,000, plaintiffs released Cabrini, its insurer, and their “agents, servants, employees, [and] staff,” from “all…