Opinion
1207 CA 20-00024
07-16-2021
Christy L. ARMENTA, Plaintiff-Appellant, v. Aaron M. PRESTON, Defendant-Respondent, et al., Defendants.
CAMPBELL & ASSOCIATES, EDEN (JASON M. TELAAK OF COUNSEL), FOR PLAINTIFF-APPELLANT. LAW OFFICES OF JENNIFER S. ADAMS, WILLIAMSVILLE (KEVIN J. GRAFF OF COUNSEL), FOR DEFENDANT-RESPONDENT.
CAMPBELL & ASSOCIATES, EDEN (JASON M. TELAAK OF COUNSEL), FOR PLAINTIFF-APPELLANT.
LAW OFFICES OF JENNIFER S. ADAMS, WILLIAMSVILLE (KEVIN J. GRAFF OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint against defendant Aaron M. Preston is reinstated.
Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained in a motor vehicle accident. We conclude that Supreme Court erred in granting the motion of Aaron M. Preston (defendant) seeking to dismiss the complaint against him pursuant to CPLR 3211 (a) (5) based upon a release executed by plaintiff. "Generally, a valid release constitutes a 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 parties" ( Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V. , 17 N.Y.3d 269, 276, 929 N.Y.S.2d 3, 952 N.E.2d 995 [2011] [internal quotation marks omitted]). Although, in general, "[a] release ‘should never be converted into a starting point for ... litigation ... [,]’ [a] release may be invalidated ... for any of ‘the traditional bases for setting aside written agreements, namely, duress, illegality, fraud, or mutual mistake’ " ( id. , quoting Mangini v. McClurg , 24 N.Y.2d 556, 563, 301 N.Y.S.2d 508, 249 N.E.2d 386 [1969] ).
Here, defendant met his initial burden of establishing that he had been released from the claims against him by submitting the executed release in support of his motion, and thus the burden shifted to plaintiff " ‘to show that there has been fraud, duress or some other fact which will be sufficient to void the release’ " ( id. , quoting Fleming v. Ponziani , 24 N.Y.2d 105, 111, 299 N.Y.S.2d 134, 247 N.E.2d 114 [1969] ). "In assessing a motion to dismiss on the ground that an action may not be maintained because of a 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 be resolved in [the plaintiff's] favor, and where, as here, the plaintiff has submitted an affidavit in opposition to the motion, it is to be construed in the same favorable light’ " ( Fimbel v. Vasquez , 163 A.D.3d 1120, 1121, 80 N.Y.S.3d 527 [3d Dept. 2018] ; see Sacchetti-Virga v. Bonilla , 158 A.D.3d 783, 784, 73 N.Y.S.3d 194 [2d Dept. 2018] ).
"A plaintiff seeking to invalidate a release due to fraudulent inducement must ‘establish the basic elements of fraud, namely a representation of material fact, the falsity of that representation, knowledge by the party who made the representation that it was false when made, justifiable reliance by the plaintiff, and resulting injury’ " ( Centro Empresarial Cempresa S.A. , 17 N.Y.3d at 276, 929 N.Y.S.2d 3, 952 N.E.2d 995 ). We agree with plaintiff that the allegations in her affidavit in opposition to the motion are sufficient to establish the elements of fraud in the inducement (see e.g. Cain-Henry v. Shot , 194 A.D.3d 1465, 1466-1467, 143 N.Y.S.3d 647 [4th Dept. 2021] ; Fimbel , 163 A.D.3d at 1122, 80 N.Y.S.3d 527 ; Powell v. Adler , 128 A.D.3d 1039, 1041, 10 N.Y.S.3d 306 [2d Dept. 2015] ). We therefore reverse the order, deny the motion, and reinstate the complaint against defendant.