Tenant Signed Apartment Surrender Agreement with General Release

Rent-stabilized tenant sued landlord for negligence after she broke her hip, requiring surgery and convalescence in two rehab facilities after surgery. She claimed that she tripped and fell on broken flooring in her apartment. Landlord asked the court for permission to amend its answer in opposition to the complaint, and for the court to dismiss the complaint.

The court ruled for landlord. After tenant started the case, she signed an agreement with landlord to vacate the apartment in exchange for $50,000. Tenant claimed that she didn't know this meant she was releasing landlord from any responsibility for her negligence claim. But the agreement contained a general release, tenant was represented by an attorney, and tenant was presumed to have understood and to have authorized her son to coordinate her negotiation and execution of the Surrender Agreement. 

Dilone v. Sunshine Capital LLC: Index No. 151099/2019, 2020 NY Slip Op 32531(U)(Sup. Ct. NY; 7/31/20; Perry, J)