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Hu v. Rebirth Realty Corp.

Terms of Release Clear, Unambiguous Granting Dismissal of Personal Injury Claims by Tenant

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The following papers numbered 1 to 6 read on the below motion noticed on December 18, 2017 and duly submitted on the Part IA15 Motion calendar of January 22, 2018:Papers Submitted NumberedDefs.’ Notice of Motion, Affirmation, Exhibits    1,2Pl.’s Aff. In Opp., Exhibits   3,4Defs.’ Reply Aff.  5DECISION/ORDER

*1  Upon the foregoing papers, the defendants Rebirth Realty Corp. and Lagsam Property Services Corp. (“Defendants”) move for an order (1) granting them summary judgment pursuant to CPLR 3212 and dismissing all claims asserted against them, (2) awarding them costs and fees pursuant to the Rules of the Chief Administrative Judge, Section 130.101, et. seq., due to the plaintiff’s frivolous conduct, and (3) for such other and further relief as the Court deems just and proper. The plaintiff Michael Hu (“Plaintiff”) opposes the motion1.I. BackgroundPlaintiff commenced this action against Defendants in connection with injuries he allegedly sustained on July 31, 2016, when he was allegedly struck by ceiling debris inside of his apartment. Defendants now move for summary judgment on the grounds that Plaintiff’s claims are barred due to a release that he and his wife allegedly signed on August 4, 2016 (the “Release”). Defendants allege that prior to the date of the Release, Plaintiff, his wife, and Defendants had “issues” including that Plaintiff owed rent arrears in the amount of $737.26. On

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