Benson v. Stuart

Appellate Division of the Supreme Court of New York

Benson v. Stuart

186 A.D.2d 80

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 24, 1992

StatusPublished

This text of 186 A.D.2d 80 (Benson v. Stuart) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benson v. Stuart, 186 A.D.2d 80 (N.Y. Ct. App. 1992).

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Opinion

— Order, Supreme Court, New York County (William J. Davis, J.), entered July 9, 1991, which dismissed the complaint upon the ground of release, unanimously affirmed, without costs.

This action to recover damages for personal injuries sustained in a car accident was properly dismissed by reason of the release dated September 14, 1987, executed by plaintiff and her husband, which "made clear beyond any possible doubt that [its] scope * * * extended to potential liability for damages for personal injuries, however serious” (Sofio v Hughes, 162 AD2d 518, 519, lv denied 76 NY2d 712).

Plaintiff failed to raise a material issue of fact that this unambiguous release was procured by fraud, misrepresenta[81]*81tion or mutual mistake. Concur—Wallach, J. P., Kupferman, Asch and Rubin, JJ.

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— Order, Supreme Court, New York County (William J. Davis, J.), entered July 9, 1991, which dismissed the complaint upon the ground of release, unanimously affirmed, without costs.

This action to recover damages for personal injuries sustained in a car accident was properly dismissed by reason of the release dated September 14, 1987, executed by plaintiff and her husband, which "made clear beyond any possible doubt that [its] scope * * * extended to potential liability for damages for personal injuries, however serious” (Sofio v Hughes, 162 AD2d 518, 519, lv denied 76 NY2d 712).

Plaintiff failed to raise a material issue of fact that this unambiguous release was procured by fraud, misrepresenta[81]*81tion or mutual mistake. Concur—Wallach, J. P., Kupferman, Asch and Rubin, JJ.

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Bluebook (online)

186 A.D.2d 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benson-v-stuart-nyappdiv-1992.

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