AGF&J obtains dismissal of suit against its client based upon the operation of a Surrender Agreement

Mills v. G Loft, Index No. 1102/2014 (Sup.Ct. Kings Cty. 2014)

Abrams, Gorelick obtained a pre-answer dismissal of a highly contested personal injury lawsuit against its client, based upon the language of a Surrender Agreement. Prior to the filing of the action, a dispute arose between the landlord (AGF&J's client) and its tenant that was resolved by the landlord paying the tenant to surrender possession of the apartment. In consideration, the tenant signed a Surrender Agreement by which she agreed to release the landlord from any and all claims regarding the premises. The tenant subsequently filed a personal injury lawsuit claiming that between the date of her receipt of a Notice of Eviction and the date of the Surrender Agreement she sustained injuries due to a slip and fall within her apartment. AGF&J successfully moved to dismiss the tenant's Complaint, based upon the language of the Surrender Agreement which provided that the tenant released any and all claims against the landlord regarding the premises, regardless of whether those claims arose out of the tenancy of the apartment or personal injuries allegedly sustained on the premises.

The defense of the action was handled by AGF&J partner, Steven DiSiervi.