Practice point: A valid release completely bars an action on a claim that is the subject of the release. Principles of contract law govern the interpretation of a release; and a release that is complete, clear, and unambiguous on its face will
be enforced according to the plain meaning of its terms.
Student note: As with contracts, the meaning and scope of a release necessarily depends on the controversy being
settled and the purpose for which the release was actually given. A general release will not be construed to cover
matters that the parties did not desire or intend to dispose of.
Case: Burnside 771 LLC v. Amerada Hess Corp., NY Slip Op 05869 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: An out-of-possession landlord's liability, and expert opinions.
