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LOREN v. CHURCH STREET APARTMENT CORP.

3285, 152558/13.

148 A.D.3d 516 (2017)

2017 NY Slip Op 01964

48 N.Y.S.3d 588

BONNIE LOREN et al., Appellants, v. CHURCH STREET APARTMENT CORP., Respondent. ASHKENAZY ACQUISITION CORP. et al., Nonparty Respondents.

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

Decided March 16, 2017.

The court correctly found that the release signed by plaintiffs in a prior bankruptcy proceeding encompassed any and all damages that accrued through the date of execution of that release. Plaintiffs' contention that its 2002 action based upon, inter alia, a flood from broken pipes, was not released because that action did not "derive[] from the Bankruptcy Code and arise[] [from the bankruptcy case]," as per the release's qualifying...

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