Tyler Martin (Associate-New York, NY) defended a property owner / private entity client two years after a first case was discontinued, as the plaintiff sued the incorrect owner entity in 2023. The second suit against our client alleged that the plaintiff fell from a scaffold in the course of his employment on the same date of loss as alleged in the first lawsuit. Prior to the commencement of the second action, our client obtained a signed release from the plaintiff, discharging our client and other entities, including the plaintiff’s employer. The plaintiff received monies in relation to the accident. Nonetheless, he refused to voluntarily discontinue the case despite our good faith efforts. The Supreme & County Court of Westchester County held that we met our burden of establishing that the plaintiff properly released our client by virtue of the four corners of the signed agreement. The burden then shifted to the plaintiff who failed to establish that the release was signed due to fraud, duress, or any other fact to void the release. The plaintiff’s main argument in opposition was that he allegedly did not read English and could not appreciate what he was signing. He also argued that he was not advised by anyone that he could retain counsel, claiming he would not have signed the release. Tyler’s reply emphasized the undisputed facts that plaintiff admitted signing the release and admitted receiving payment in exchange, which he never returned. Tyler also highlighted that the plaintiff never asked for the release to be translated into Spanish or alleged any misrepresentation of the contents of the release, and pointed to recent Second Department caselaw regarding the types of challenges to releases in similar cases. The court granted a dismissal with prejudice on a Labor Law 240(1) matter, after granting Tyler’s pre-answer motion to dismiss pursuant to CPLR 3211(a)(5).