A valid release constitutes a complete bar to an action on a claim which is the subject of the release. The defendant has the initial burden of establishing that it has been released from any claims, but a signed release shifts the burden of going forward to the plaintiff to show that there has been fraud, duress, or some other fact that is sufficient to void the release. Here, the language of the release clearly and unequivocally expresses the parties' intention to relieve the defendant of liability for personal injuries sustained by the plaintiff during horseback riding lessons. In addition, the release is clear in reciting that the plaintiff was aware of the risks associated with participating in horseback riding lessons and assumed those risks.
Anthony v. Firehock, NY Slip Op 01287 (2d Dep't March 13, 2024)
