Lucio v. Curran

139 N.E.2d 133, 2 N.Y.2d 157, 157 N.Y.S.2d 948, 1956 N.Y. LEXIS 621
CourtNew York Court of Appeals
DecidedNovember 30, 1956
StatusPublished
Cited by48 cases

This text of 139 N.E.2d 133 (Lucio v. Curran) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lucio v. Curran, 139 N.E.2d 133, 2 N.Y.2d 157, 157 N.Y.S.2d 948, 1956 N.Y. LEXIS 621 (N.Y. 1956).

Opinions

Froessel, J.

Plaintiff commenced this action on May 26, 1952 seeking to redress his allegedly wrongful expulsion from membership in the National Maritime Union in May, 1949. The defendants named are said union (hereinafter called N.M.U.) and various officers thereof who are sued as individuals as well. Plaintiff’s prayer for relief seeks, among other things, a declaration that said expulsion was null and void, his reinstatement to union membership and damages for loss of earnings.

Defendants’ answer contains an affirmative defense of a general release in writing as well as general denials. Their motion for summary judgment followed, and in support thereof affidavits were submitted by defendant Stone, treasurer of N.M.U., and by defendants’ attorney, the former affiant also attaching a copy of the release in question.

From the papers before the court, it appeared that plaintiff was expelled at a membership meeting of the union on May 31, 1949, and appeals ultimately reaching the national convention [160]*160of the N.M.U. resulted in upholding the expulsion on September 18, 1949. Thereafter and on or about April 4, 1950, plaintiff brought suit against defendant Stone to recover wages ($90 per week) plus vacation and severance pay (a total of $495) for the two-week period of July 12-28,1948, allegedly antedating plaintiff’s expulsion. After issue was joined in the Municipal Court by an answer containing a counterclaim for a greater sum ($722.98), the parties’ respective attorneys commenced negotiations resulting in an offer by plaintiff to deliver a release limited to the pending Municipal Court action in return for a proposed settlement. Said offer was rejected by defendant who insisted that only a general release disposing of “ any and all claims this plaintiff could possibly have had ’ ’ would be acceptable. After what plaintiff admits were “protracted negotiations ”, he finally agreed to defendants’ demand, and in or about February, 1952 — only a few months before he commenced the instant action — delivered the usual form general release which was prepared in typewriting by his attorney, and executed and acknowledged by plaintiff. By way of exchange, defendant union executed and delivered to plaintiff a similar release surrendering its claim along with the monetary consideration of $225 mentioned in the release executed by plaintiff.

Plaintiff’s answering affidavit on this motion admits that the aforesaid release executed by him runs to both defendant Stone and N.M.U., but points out that his instant suit is brought against other named defendants “ both in their individual capacities and as officers of the defendant, National Maritime Union ”, and summary judgment should not have been granted against those others not party to the release. Moreover, it is claimed the motion for summary judgment must fail as to all defendants because triable issues are presented. Those alleged issues are said to be whether the parties intended to settle only the pending Municipal Court action or whether plaintiff also intended the release to affect the instant dispute “ involving different issues and different defendants ”.

Nowhere does plaintiff deny that defendants’ counsel demanded a general release and rejected the proffered limited one. In fact, there is somewhat more than an implied admission thereof in plaintiff’s own affidavit, when he states “they demanded a general release ” and speaks of their “ farsightedness ”. However, plaintiff urges that a trial is neces[161]*161sary, notwithstanding the fact that the release expressly provides that it “ may not he changed orally ”.

Special Term agreed with plaintiff, hut the Appellate Division reversed and granted summary judgment dismissing plaintiff’s complaint. We think the Appellate Division was correct.

There can he no douht that, under the uncontroverted facts submitted here, the release cannot he avoided by plaintiff nor its effect limited by him to the then pending Municipal Court action. The terms contained therein were deliberately bargained for and agreed to in broad, all-inclusive language. They were the result of no mere inadvertence, accident, mutual mistake or fraud hut, on the contrary, followed deliberate, prolonged negotiation between the parties (Unexcelled Laundry System v. Esemann, 273 N. Y. 555; Kirchner v. New Home Sewing Mach. Co., 135 N. Y. 182; cf. Goldsmith v. National Container Corp., 287 N. Y. 438; Farrington v. Harlem Sav. Bank, 280 N. Y. 1, 4; see Senwald Holding Corp. v. Rosoff Subway Constr. Co., 269 N. Y. 211, 213-214, 218; Pimpinello v. Swift & Co., 253 N. Y. 159; see, also, Porter v. Commercial Cas. Ins. Co., 292 N. Y. 176, 181-182, 183). Plaintiff, whose own attorney prepared the release, must therefore he deemed to have assented to and to have freely entered into this agreement. As the general rule applicable here was stated in even broader langmage per Kellogg, J., in the leading, oft-cited Pimpinello case {supra, p. 162): “ Ordinarily, the signer of a deed or other instrument expressive of a jural act, is conclusively hound thereby. That his mind never gave assent to the terms expressed is not material [citing Wigmore on Evidence, § 2415], ”. (See, also, Raleigh Associates v. Henry, 302 N. Y. 467, 473.)

Said release is clearly effective to relieve defendants Stone and N.M.U. from the liability sought in the instant action. By its terms it applies to “ all manner of action * * * causes of action, suits, * * * controversies, * * * claims and demands whatsoever ” which plaintiff “ ever had, now has or which his heirs, executors, or administrators, hereafter can, shall or may have for, upon or by reason of any matter, cause or thing whatsoever * * * to the day of the date of these presents ”. Such words of general release are clearly operative not only as to all controversies and causes of action between the releasor and releasees which had, by that time, actually [162]*162ripened into litigation, but to all such issues which might then have been adjudicated as a result of pre-existent controversies, including his expulsion from the union (cf. Simon v. Simon, 274 App. Div. 447, 450), even though no such litigation had then been instigated (see Kirchner v. New Home Sewing Mach. Co., supra, pp. 187-189) — and notwithstanding plaintiff’s intent to commence a further suit for redress of his prior expulsion (see Porter v. Commercial Cas. Ins. Co., supra, pp. 183-184, and cases there cited). Having released the union from any claim for wrongful expulsion, there can no longer be any duty, continuing or otherwise, to reinstate him.

Under the foregoing principles, it is clear that since the unreformed general release in question, with its express prohibition against any oral change, postdated the circumstances giving rise to both the then pending Municipal Court action and the expulsion here complained of, it clearly operates to defeat the instant action as against defendants Stone and N.M.U., the admitted releasees named therein.

The other defendants in the present suit must also be deemed to have been released. It is well established that the release of one joint tort-feasor releases all of them, absent a reservation to the contrary. “ The law does not permit a double satisfaction for a single injury” (Milks v. McIver, 264 N. Y. 267, 270-271; McNamara v.

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Bluebook (online)
139 N.E.2d 133, 2 N.Y.2d 157, 157 N.Y.S.2d 948, 1956 N.Y. LEXIS 621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucio-v-curran-ny-1956.