Legal Question in Landlord & Tenant Law in New York

there was a break-in on October 1 in our apartment. The robber came up through a fire escape to our 6th floor apartment due to a low hanging fire escape ladder in the building on the first floor. (nothing was taken, no one was hurt) We then installed security gates to two windows where there are fire escapes at the cost of $500.00. At that time, the super had verbally promised an issuance of a reimbursement check, but did NOT mention that a general release form would have to be signed. The management now refuses to give us the check unless this form is signed. The release form we received does not detail that the check is being issued as a reimbursement, but seems moreover as an exchange of promise that we will not take any legal action now or in the future, about any past present or future events in GENERAL.

I am concerned about this document, as our apartment in particular has had too many instances of leakages from the roof into our apartment. The roof has not been fixed, and we have this problem every year. I am sure that this form is a disguise, but would want to know 1) Is it a gereral release exonerating them from any future legal action? 2) Can the document be revised by us to make it more particular to the event as a reimbursement so that they are not absolved from any future action?

here is the form verbatum

To all to whom these presents shall come or may concern, know that Chandur Lakhiani,

A corporation organized under the laws of the State of New York, in consideration of the sum of five hundred dollars, received from 35 jackson house apartment corp. - as releasee

receipt whereof is hereby acknowledged, releases and discharges 35 jackson house apartment corp.

the RELEASEE, RELEASEE's heirs, executors, administrators, successors and assigns from all actions, causes of action, suits, debts dues, sums of money accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the RELEASEE, the RELEASOR, RELEASOR'S successors and assigns ever had, now have or hereafter can, shall or may have, for upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of this RELEASE.

The words "Releasor" and "Releasee" include all releasors and all releasees under this RELEASE. This RELEASE may not be changed orally. The witness whereof, the RELEASOR has caused this release to be executed by its duly authorized officers and its corporate seal to be hereunto affixed on (signature space)


Asked on 10/29/09, 12:40 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

In plain english,

You are releasing the landlord for any claims you may have up to the date of the release. Therefore, if there was a leak prior to the date you signed the document, you are unable to go after the landlord for any damages. However, if a new leak occurred after you signed the document, the landlord would not be covered under the release.

Can you revise the document? Yes. You should change the last lines of the release to read as follows:

"which against the RELEASEE, the RELEASOR, RELEASOR'S successors and assigns ever had, now have or hereafter can, shall or may have concerning the October 1 burglery of RELEASOR's apartment, from the beginning of the world to the day of this RELEASE."

Good luck.

Mike.

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Answered on 11/03/09, 4:52 pm


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