Legal Opinion

Davis v. Rochdale Village, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided September 18, 2013Published

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Lane, J.), dated April 16, 2012, which denied their motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground of release.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint is granted.

In support of their motion to dismiss the complaint, the defendants submitted a release executed by the plaintiff, which, by its terms, barred the instant action against them (see…

2Cases cited12 opinions

Mangini v. McClurgNew York Court of Appeals · 1969
Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V.New York Court of Appeals · 2011
Fleming v. PonzianiNew York Court of Appeals · 1969
Shklovskiy v. KhanAppellate Division of the Supreme Court of the State of New York · 2000
Cash v. Titan Financial Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

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