August 4, 2026

Releases of claims

A valid release constitutes a complete bar to an action on a claim which is the subject of the release. A  general release may encompass unknown claims if the parties so intend and the agreement is fairly and knowingly made. Although a defendant has the initial burden of establishing that it has been released from any claims, a signed release shifts the burden to the plaintiff to show that there has been fraud, duress, or some other fact which will be sufficient to void the release.

Brighton Beach 2012, LLC v.  TD Bank, N.A., NY Slip Op 04738 (2d Dep't July 29, 2026)

Here is the decision.