Legal Question in Real Estate 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?


Asked on 10/23/09, 9:23 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Q. 1) Is it a gereral release exonerating them from any future legal action?

A. It would depend on the exact language in the document. Most general releases I have seen do not release future action.

Q. 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?

A. Again, it would depend on the exact language in the document. However, I would think that if you cross out the word future the landlord would not be able to seek a release for future action.

Mike.

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Answered on 10/29/09, 7:44 am


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