Booth v. 3669 Delaware, Inc., 242 A.D.2d 921 (N.Y. App. Div. 4th Dep't 1997). · Go Syfert
Booth v. 3669 Delaware, Inc., 242 A.D.2d 921 (N.Y. App. Div. 4th Dep't 1997). Cases Citing This Book View Copy Cite
14 citation events (11 in the last 25 years) across 4 distinct courts.
Cited for
At page 922 Mistake in release does not invalidate clear agreement4 citing casesholding that “it is well settled that, where the language of a release is clear and unambiguous, effect will be given to the intention of the parties as indicated by the language employed and the fact that one of the parties may have intended something else is irrelevant.1 citing court put it this way · passage not found verbatim in the opinion (78%)
  • Putnam v. Kibler, 210 A.D.3d 1458 (N.Y. App. Div. 4th Dep't 2022).published
    Such a mistake does not constitute an adequate basis for invalidating a clear, unambiguous and validly executed release" ( Booth v 3669 Del. , 242 AD2d 921, 922 [4th Dept 1997], affd 92 NY2d 934 [1998]; see Phillips v Savage , 159 AD3d 158…
  • M.M. v. Church of Our Lady of the Annunciation, 203 A.D.3d 1277 (N.Y. App. Div. 3d Dep't 2022).published
    To the contrary, the correspondence confirms that counsel for the Diocese corrected counsel for plaintiff when she suggested that the release would be a partial one that did not cover his "ongoing pain and suffering," advising her that the…
  • Stevens v. Town of Chenango (Forks), 2018 NY Slip Op 8389 (N.Y. App. Div. 3d Dep't 2018).published
    Although plaintiffs claim that Moore did not intend for the release to encompass this action when he executed it, "the fact that [Moore] may have intended something else is irrelevant[, as] a mere unilateral mistake . . . with respect to t…
  • Lambertson v. Kerry Ingredients, Inc., 50 F. Supp. 2d 163 (E.D.N.Y. 1999).published 2 cites
    (holding that “it is well settled that, where the language of a release is clear and unambiguous, effect will be given to the intention of the parties as indicated by the language employed and the fact that one of the pa…)
662 N.Y.S.2d at 643 Interpreting clear and unambiguous release language2 citing cases1 listed here
  • The Roman Catholic Diocese of Rockville Centre, Ne, No. 20-12345 (Bankr. S.D.N.Y. Mar. 30, 2023).published
    See Centro Empresarial Compress S.A. v. America Movil, S.A.B. de C.V., 17 N.Y.3d 269, 276 (2011); Booth v. 3669 Delaware, Inc., 662 N.Y.S.2d 642, 643 (4th Dep’t 1997) (rejecting plaintiff’s argument to avoid the release, noting that “[a]t…
At page 921 Reversing dismissal based on general release language1 citing case“In denying the motions to dismiss, the court concluded that there were questions of fact regarding the validity of the purported release and the circumstances surrounding its execution.”the opinion's own words at *921
  • Phillips v. Savage, 2018 NY Slip Op 2093 (N.Y. App. Div. 4th Dep't 2018).published
    "Where, as here, the language of a release is clear and unambiguous, the signing of a release is a jural act binding on the parties" ( Marlowe v Muhlnickel , 294 AD2d 830 , 831 [4th Dept 2002] [internal quotation marks omitted]; see Booth…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Michael P. Booth
v.
3669 Delaware, Inc., and Benderson Development Company, Inc.
Appellate Division of the Supreme Court of the State of New York.
Sep 30, 1997.
Published opinion
242 A.D.2d 921
1997 N.Y. App. Div. LEXIS 10497
Cited by 12 opinions  |  Published

Order insofar as appealed from unanimously reversed on the law without costs, motions granted and complaint against defendants Benderson Development Company, Inc., and Northeast Mechanical, Inc., dismissed. Memorandum: Supreme Court erred in denying the motions of Benderson Development Company, Inc., and Northeast Mechanical, Inc. (defendants), to dismiss the complaint based on a general release executed by plaintiffs. In the complaint, plaintiffs seek to recover damages for personal injuries suffered as a result of an accident on a construction site. Plaintiffs, however, had executed a document captioned “release of all claims” wherein they agreed, inter alia, to release defendants from “any and every claim * * * or cause of action of whatever kind and nature * * * especially the liability arising from [the] accident” of June 16, 1994. The release also stated that it applied “to all known injuries and damages, as well as those unknown and unanticipated, resulting from said accident”.

In opposition to the motions, plaintiffs contended that the release was obtained through fraud, mistake and duress. Plaintiff Michael P. Booth averred that, when he executed the release, he was not represented by counsel, did not understand the terms of the release, and was mistaken about the seriousness of the injuries he sustained. In denying the motions to dismiss, the court concluded that there were questions of fact regarding the validity of the purported release and the circumstances surrounding its execution. We disagree.

“[0]ne who executes a plain and unambiguous release cannot avoid its effect by merely stating that [he] misinterpreted[*922] its terms” (Koster v Ketchum Communications, 204 AD2d 280). “It is well settled that, where the language of a release is clear and unambiguous, ‘effect will be given to the intention of the parties as indicated by the language employed and the fact that one of the parties may have intended something else is irrelevant’ ” (Niagara Frontier Transp. Auth. v Patterson-Stevens, Inc., 237 AD2d 965, quoting LeMay v H. W. Keeney, Inc., 124 AD2d 1026, 1027, lv denied 69 NY2d 607; see, Thailer v LaRocca, 174 AD2d 731, 733). At best, plaintiffs have established a mere unilateral mistake on the part of Michael Booth with respect to the meaning and effect of the release. Such a mistake does not constitute an adequate basis for invalidating a clear, unambiguous and validly executed release.

Plaintiffs’ signing of the release was a jural act that is binding upon plaintiffs (see, Pimpinello v Swift & Co., 253 NY 159, 162; Elliott v Gehen, 105 AD2d 1112, 1113). (Appeals from Order of Supreme Court, Erie County, Burns, J.—Dismiss Complaint.) Present—Denman, P. J., Hayes, Callahan, Doerr and Fallon, JJ.