MERGLER v. CRYSTAL PROPS.


179 A.D.2d 177 (1992)

Mark Mergler et al., Respondents, v. Crystal Properties Associates, Ltd., et al., Defendants, and O'Donnell, Fox & Gartner, P. C., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 14, 1992


Attorney(s) appearing for the Case

Robert D. Lillienstein of counsel (Liebman, Charme & Oppenheimer, attorneys), for appellants.

David Bruce Karel of counsel (Mark L. Friedman with him on the brief; Wilkofsky, Friedman, Karel & Cummins, attorneys), for respondents.

MILONAS, KUPFERMAN, ASCH and KASSAL, JJ., concur.


SULLIVAN, J. P.

In the absence of fraud, duress, illegality or mistake, a general release bars an action on any cause of action arising prior to its execution. Since plaintiffs have executed such a release herein and none of the foregoing infirmities has been shown, defendants' motion should be granted and the complaint dismissed.

Plaintiff Mark Mergler, a dentist, and his wife, also a plaintiff herein...

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