Masters v WB Stellar IP Owner

[*1] Masters v WB Stellar IP Owner 2015 NY Slip Op 51906(U) Decided on December 28, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 28, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Ling-Cohan, JJ.
570984/15

Patricia Masters, Plaintiff-Appellant,

against

WB Stellar IP Owner, Defendant-Respondent.

Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (David B. Cohen, J.), entered December 11, 2014, which granted defendant's motion to dismiss the action pursuant to CPLR 3211(a)(5).

Per Curiam.

Order (David B. Cohen, J.), entered December 11, 2014, affirmed, without costs.

Plaintiff instituted this small claims action in March 2014, seeking damages for personal property allegedly damaged by defendant's employees following a September 6, 2011 flood in her apartment. This action was properly dismissed on defendant's motion, since the underlying claim was barred by the clear and unambiguous release executed by plaintiff on July 15, 2013, where, in exchange for $20,000, she released defendant from any claim she "ever had, now ha[s] or hereafter can, shall, or may, have . . . for damages arising out of the flood which occurred on September 6, 2011" (see Langhorne v Amchem Prods., Inc., 23 AD3d 208 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: December 28, 2015