Applewhite v 112 Liberty Associates LLC (Supreme Court, Kings County 2025) – Release Agreements

Matt secured summary judgment for a building owner and contractor in a high-exposure New York construction-site personal-injury action, resulting in dismissal of the complaint in its entirety. The case presented significant liability and damages exposure typical of major construction accident claims.

The Supreme Court adopted Matt’s arguments that a general release executed by the plaintiff prior to commencing the lawsuit was valid, enforceable, and dispositive. The court held that the release barred the personal-injury claims against both the owner and the contractor, eliminating liability as a matter of law.

Critically, the court rejected the plaintiff’s attempt to avoid enforcement of the release by alleging fraudulent inducement, finding no evidence that the release was procured through misrepresentation, coercion, or deception. The decision reinforces long-standing New York principles governing releases, including the heavy burden placed on plaintiffs seeking to set aside a facially valid release in construction and personal-injury litigation.

Practice Impact: This ruling provides important guidance for insurers, claims professionals, and defense counsel evaluating early settlements, pre-suit releases, and risk transfer strategies. It underscores the effectiveness of properly drafted releases in extinguishing construction accident claims and preventing costly litigation when challenged on fraud or inducement grounds.

Photo by Glenov Brankovic

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