CiteTEXT
...pursuant to CPLR 3211 (a) (5) release:
1. Notice of Motion filed September 15, 2020;
2. Affirmation of Darren Longo...Correctional Facility in September 2015. Defendant has now moved to dismiss the claim pursuant to CPLR 3211 (a) (5) on the ground of release. Claimant has.... According to McKeon, the claim was later settled for $50.00 and as part of the settlement claimant executed a release on November 19, 2015 in favor of defendant. A copy of the notarized release is...
...pursuant to CPLR 3211(a)(7), (ii) the third cause of action on behalf of 110 Greenwich Associates, LLC, 110 Greenwich Management, LLC, and 27-37 Associates, LLC is dismissed pursuant to ...be granted in part.
On a motion to dismiss pursuant to CPLR 3211(a)(5) (cause of action may not be maintained because of statute of limitations), defendants bear..., 325 [1957]), defendants have failed to meet their prima facie burden with respect to their statute of limitations defense pursuant to CPLR 3211(a)(5). However, pursuant to...
...favor which barred the instant action ( see CPLR 3211 [a] [5]). "A release will not be treated lightly, and will be set aside by a court only for duress, illegality, fraud, or mutu...Bodisher (hereinafter together the defendants), demonstrated their prima facie entitlement to judgment as a matter of law by presenting evidence that the plaintiff executed general releases in their..." ( Shklovskiy v Khan, 273 AD2d 371, 372; see Mangini v McClurg, 24 NY2d 556, 563; Haynes v Garez, 304 AD2d 714, 715). In opposition to the motion, the plaintiff failed to raise a...
...denied their motion to dismiss the complaint pursuant to CPLR 3211(a)(5) based on a release.
Martin, Fallon Mullé, Huntington, N.Y. (Richard... ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court correctly denied the defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(.... Mullé of counsel), for appellants.
Lite Russell, West Islip, N.Y. (Justin N. Lite of counsel), for respondent.
Before: A...
...complaint pursuant to CPLR 3211(a) on the ground that the action was barred by a general release. The defendants presented evidence that a general release that was executed in their favor...plaintiffs appeal from an order of the Supreme Court, Nassau County (K. Murphy, J.), entered June 19, 2013, which granted the defendants' motion to dismiss the complaint pursuant to CPLR 3211(a...release is a contract, and its construction is governed by contract law” (Kaminsky v. Gamache...
...the prior order, same court and Justice, entered September 17, 2012, granting defendants' motion for an order pursuant to CPLR 3211(a)(5) dismissing the second amended complaint on the basis of a ...argument that defendants have waived the affirmative defense of release. Where applicable, CPLR 3211(e) provides that a defense based on a ground set forth in CPLR 3211(a)(...to CPLR 3211(a)(5). Even if they had not done so, the defense could have been raised in defendants' answer to the second amended complaint ( seeCPLR 3025[d] and CPLR 3211[f] ). Finally, the...
...releases in their favor, which barred the instant action as to them ( see CPLR 3211 []a] [5]). "A release will not be treated lightly, and will be set aside by a court only for dur...CPLR 3016 (b) to dismiss the complaint insofar ds asserted against them and for summary judgment dismissing the complaint insofar as asserted against them, based on a release and the defendant Barbara...against her based on a release.
Mulholland, Minion Roe, Williston Park, N.Y. (Garret P. Rooney of counsel), for appellants Meltzer, Lippe...
...( see Tuttle v TRC Enters., Inc., 38 AD3d 992, 993). Therefore, the purported waiver provides neither a defense based on "documentary evidence" (CPLR 3211 [..., Supreme Court, New York County (Milton A. Tingling, J.), entered April 4, 2008, which denied the Strike defendants' motion to dismiss the action as against them, unanimously affirmed, without costs...undisputed that plaintiff paid the Strike defendants a fee to use the go-kart at the recreational facility owned or operated by them, we also find the express assumption of risk, waiver, indemnity and...
...less than one year after the default — was timely.
By separate notice of motion dated September 1, 2009, McNeil, as the administrator of Shawn's estate, moved pursuant to CPLR 3211 (a) (5) to ...motion pursuant to CPLR 3211 (a) (5) to dismiss the third-party complaint on the ground of release, and Napper Tandy separately appeals from so much of the same order as granted that branch of the...General Obligations Law § 15-108
The Supreme Court should have granted the third-party defendant's motion pursuant to CPLR 3211 (a) (5) to dismiss the third-party complaint on the groun...
...defendants moved pursuant to CPLR 3211(a)(5) to dismiss the complaint on the ground that the plaintiff allegedly executed a release of all claims against them arising out of the a...that ... the cause of action may not be maintained because of ... [a] release" ( CPLR 3211[a][5] ). However, a motion pursuant to CPLR 3211(....), entered April 7, 2016, which denied their motion pursuant to CPLR 3211(a)(5) to dismiss the complaint.
ORDERED that the order is affirmed, with costs...
...defendants contended, among other things, that the complaint failed to state a cause of action (see CPLR 3211[a][7]), and that the action was barred by the release contained in the settlement agreem...action may not be maintained because of . . . [a] release" (CPLR 3211[a][5]). "A release is a contract, and its construction is governed by contract law.... The order, insofar as appealed from, granted that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3211(a).
ORDERED that the order is affirmed...
...Law.
ZC moved to dismiss the case pursuant to CPLR 3211 (a) (1), (5) and (7). In support of the motion, ZC attached the settlement agreement containing the release signed by both...believe the motion court erred in granting ZC's motion to dismiss pursuant to CPLR 3211 (a) (1), (5) and (7). While it is well-established that a general release containing language that is clear ...Superintendent of Insurance of the State of New York for the amount charged by it.
Finally, it appears that ZC moved pursuant to CPLR 3211 (a) (1) (dismissal on ground of documentary evidence) based on ...
MOTIONS (Beta)
...( see CPLR 3211 [a] [1]) and the action is barred by a release ( see CPLR 3211 ...release did not "mention[] or contemplate[]" fraud claims ( id. at 331). Plaintiffs appealed as of right pursuant to CPLR 5601 (a...plaintiffs owned 5% or more of TWE, plaintiffs could "negotiate in good faith (for a period not to exceed 20 days)" to exchange their TWE units for equity shares in the new company "at a mutually...
...properly granted the defendants' motion to dismiss the complaint pursuant to CPLR 3211(a) on the ground that the action was barred by a general release. The defendants presented evidence that a ge...' motion to dismiss the complaint pursuant to CPLR 3211(a).
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiffs' contention, the Supreme Court...release is a contract, and its construction is governed by contract law...
....
Contrary to the plaintiffs' contention, the Supreme Court properly granted the defendants' motion to dismiss the complaint pursuant to CPLR 3211(a) on the ground that the action was barred by ....), entered June 19, 2013, which granted the defendants' motion to dismiss the complaint pursuant to CPLR 3211(a).
ORDERED that the order is affirmed, with costs...release is a contract, and its...
...the Supreme Court, Westchester County (Barone, J.), entered November 28, 2001, as denied his motion to dismiss the complaint insofar as asserted against him pursuant to CPLR 3211(a)(5) based on a .... Eventually, the Farrells and Hemlock stipulated to discontinue that action, with each signing a release for the other's benefit. Hemlock's release was signed by Housekeeper as president. Subsequently, the Farrells commenc....
The Supreme Court correctly denied Housekeeper's motion to dismiss the complaint insofar as asserted against him based on a release executed by the Farrells in the prior action, pursuant to CPLR ...
..., Jr., J.), dated September 14, 2010, which denied their motion, in effect, pursuant to CPLR 3211(a)(5) to dismiss the third-party complaint as barred by a release.
ORDERED that...order is reversed, on the law, with one bill of costs, and the third-party defendants' motion, in effect, pursuant to CPLR 3211(a)(5) to dismiss the third-party complaint as barred by a release is... of the third-party action, the plaintiffs reached a settlement with the Punzi defendants and executed a release in favor of the Punzi defendants and a stip...
...general release ( see, CPLR 3211 [a] [5]; 3212 [b]; Zuckerman v. City of New York, 49 N.Y.2d 557). In opposition, the plaintiff failed to....).
Ordered that the order is affirmed, with costs.
The defendant demonstrated its entitlement to judgment as a matter of law based upon the plaintiff's s...; Rotuba Extruders v. Ceppos, 46 N.Y.2d 223, 231), and the allegations in the verified complaint do not address the validity of the signed release. Moreover, neither the...
...part, summary judgment dismissing the complaint upon the grounds of statute of limitations (CPLR 3211 [a][5]), release (CPLR 3211 [a][5]) and failure to state a...1997, ten years after the case was commenced, the LIRR case was settled but although Lyons agreed to the settlement and even is alleged to have signed a release, he was dissatisfied with the...in bankruptcy to recommence the Cronin action within six months from the dismissal (pursuant to CPLR 205) so that Lyons would not have a problem with the statute of limitations period having expired on...
...dismiss the complaint against him pursuant to CPLR 3211 (a) (5) based upon a release executed by plaintiff. "Generally, a valid ...release (see CPLR 3211 [a] [5] ), the allegations in the complaint ‘are to be treated as true, all inferences that reasonably flow therefrom are to...complete bar to an action on a claim which is the subject of the release ... If the language of a release is clear and unambiguous, the signing of a release is a jural act binding on the ...