Stella Stolper v. Zarina Burbacki (Index No. 652352/2018; Case No. 2021-00275)

Having defeated Defendant Zarina Burbacki’s motion to dismiss the Complaint on the basis of a release provision in Plaintiff’s settlement agreement with a third party, Russo PLLC subsequently prevailed before the Appellate Division.  The First Department unanimously affirmed the order of the Supreme Court, New York County, and held that a settlement agreement which released the parties’ and their respective lawyers, agents, and others’ claims against each other, did not encompass each party’s claims against their own lawyers.   In its December 7, 2021 decision, the First Department ruled that a release may not be read to cover matters which the parties did not desire or intend to dispose of, and therefore refused to expand the release language to bar Stella Stolper’s claims against Ms. Burbacki arising out of Ms. Burbacki’s alleged misconduct while employed as Plaintiff’s attorney.  To see the decision, click here.

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