Practice point: A valid release constitutes a complete bar to an action on a claim which is the subject of the release. Where
the language is clear and unambiguous, the release is binding on the
parties unless it is shown that it was procured by fraud, duress,
overreaching, illegality or mutual mistake.
Student note: A release will not be
treated lightly because it is a a jural act of high significance
without which the settlement of disputes would be rendered all but
impossible.
Case: Allen v. Riese Org., Inc., NY Slip Op 03547 (1st Dept. 2013).
Here is the decision.
Tuesday's issue: Retaliation and harassment claims.
