Verstreate v. Cohen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint in this personal injury action as barred by a release signed by plaintiff and denied plaintiffs cross motion to dismiss the affirmative defense of release. It is well settled that “a general release is governed by principles of contract law” (Mangini v McClurg, 24 NY2d 556, 562). Plaintiff failed to raise an issue of fact whether, at the time of signing the release, she lacked the mental capacity or competence to understand the nature and…
2Cases cited8 opinions
- Mangini v. McClurgNew York Court of Appeals · 1969
- Sofio v. HughesAppellate Division of the Supreme Court of the State of New York · 1990
- Blatt v. Manhattan Medical Group, P. C.Appellate Division of the Supreme Court of the State of New York · 1987
- DeQuatro v. Zhen Yu LiAppellate Division of the Supreme Court of the State of New York · 1995
- Viskovich v. Walsh-Fuller-SlatteryNew York Court of Appeals · 1963
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kavoukian v. KalettaAppellate Division of the Supreme Court of the State of New York · 2002
- Morby v. Di Siena Associates, LPAAppellate Division of the Supreme Court of the State of New York · 2002
- Dasz, Inc. v. Meritocracy Ventures, Ltd.Appellate Division of the Supreme Court of the State of New York · 2013
- Clark v. Buffalo Wire Works Co., Inc.District Court, W.D. New York · 1998
- Gray v. MillerAppellate Division of the Supreme Court of the State of New York · 1998
6 more not listed; retrieve them via the Exa API.