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BROWN v. CERBERUS CAPITAL MGT., L.P.

Index No. 655271/17. Appeal No. 14382-14382A. Case Nos. 2020-02637, 2020-03193.

199 A.D.3d 444 (2021)

158 N.Y.S.3d 17

2021 NY Slip Op 06074

Tonya Brown, et al., Appellants, v. Cerberus Capital Management, L.P., et al., Respondents.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Joshua L. Seifert PLLC, New York ( Joshua L. Seifert of counsel), for appellants.

Rolnick Kramer Sadighi LLP, New York ( Sheila A. Sadighi of the bar of the State of New Jersey, admitted pro hac vice, of counsel), for respondents.

Concur— Kapnick, J.P., Singh, Shulman, Pitt, Higgitt, JJ.

The motion court correctly concluded that the releases in the separation agreements, which are governed by North Carolina law, were unambiguous and that they completely discharged plaintiffs' claims that arose prior to the execution of the agreements (see VF Jeanswear Ltd. Partnership v Molina, 320 F.Supp.2d 412, 420 [MD NC 2004], citing Woods v Nationwide Mut. Ins. Co., 295 N.C. 500,...

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