Philips South Beach, LLC v. ZC Specialty Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Bernard J. Fried, J.), entered October 3, 2007, which granted defendant’s motion to dismiss the complaint, affirmed, with costs.
Dismissal of the complaint was appropriate where the parties’ settlement agreement, which incorporated a release of any and all claims as between the parties, bars plaintiffs claims that its surety agreements with defendant mortgage insurer were unenforceable and void as against public policy on the basis that the agreements violated article 65 of the Insurance Law. Settlement agreements are judicially favored and may not be…
Also in this document: Dissent.
2Cases cited15 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
- Mangini v. McClurgNew York Court of Appeals · 1969
- Sokoloff v. Harriman Estates Development Corp.New York Court of Appeals · 2001
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3Cited by20 opinions
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- Foundry Capital Sarl v. International Value Advisers, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- HOV Servs., Inc. v. ASG Tech. Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
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