2026 NY Slip Op 01275 [247 AD3d 429]
March 5, 2026
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2026
Academic Health Professionals Insurance Association—A Reciprocal Insurer, Appellant,
v
Brij M. Singh Ahluwalia et al., Respondents.
March 5, 2026
APPEARANCES OF COUNSEL
Dentons US LLP, New York (Nicholas W. Petts of counsel), for appellant.
Garfunkel Wild, P.C., Garden City (Michael J. Keane, Jr. of counsel), for Brij M. Singh Ahluwalia, M.D., and others, respondents.
Weiss Zarett Brofman Sonnenklar & Levy P.C., New Hyde Park (Michael J. Spithogiannis of counsel), for Raj Murali, M.D., and others, respondents.
Order, Supreme Court, New York County (Melissa A. Crane, J.), entered November 4, 2024, which granted defendants' motions to dismiss the complaint against them, unanimously affirmed, with costs.
Plaintiff contends that defendants were not covered by a prior settlement between plaintiff and the institutions that defendants worked for. However, the court properly concluded that the settlement covered these defendants, as the agreement's unambiguous terms released "each of" the "affiliated physicians," and the record, including the allegations in the complaint, establish that these defendants qualify as "affiliated physicians" of the institutions previously released (see Vintage, LLC v Laws Constr. Corp., 13 NY3d 847, 849 [2009]). Since the terms of the release are clear and unambiguous, there was no need for the court to refer to the agreement's recitals (see Jones Apparel Group, Inc. v Polo Ralph Lauren Corp., 16 AD3d 279, 279 [1st Dept 2005]; Musman v Modern Deb, 56 AD2d 752, 753 [1st Dept 1977]).
We have considered plaintiff's remaining arguments and find them unavailing. Concur—Moulton, J.P., Pitt-Burke, O'Neill Levy, Michael, Chan, JJ.