Practice point: The defendants presented proof, in the form of the general release and the waiver, demonstrating
their prima facie entitlement to judgment as a matter of law dismissing
the complaint and on their counterclaim for a judgment declaring that
the mechanic's liens against their property are null and void. However,
in opposition, the plaintiffs submitted proof raising triable issues of
fact regarding, among other things, whether the parties' intentions were
reflected by the terms of the general release and the waiver.
Student note: Generally, a valid release that is clear and unambiguous on its
face constitutes a complete bar to an action on a claim which is the
subject of the release absent fraudulent inducement, fraudulent
concealment, misrepresentation, mutual mistake or duress.
Case: Patti Constr. Corp. v 111-16 Atl. Ave. Realty Corp., NY Slip Op 05311 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: An untimely cross-motion for summary judgment.
