| Bodisher v Hofmann |
| 2008 NY Slip Op 03158 [50 AD3d 720] |
| April 8, 2008 |
| Appellate Division, Second Department |
| David Bodisher, Respondent, v Jeanne Hofmann et al.,Appellants, et al., Defendant. |
—[*1] Susan M. Caplin, Mount Kisco, N.Y., for respondent.
In an action, inter alia, to recover damages for breach of contract and fraudulent inducement,the defendants Jeanne Hofmann and Judy Wood, formerly known as Bodisher appeal from anorder of the Supreme Court, Putnam County (O'Rourke, J.), dated February 23, 2007, whichdenied their motion for summary judgment dismissing the complaint insofar as asserted againstthem.
Ordered that the order is reversed, on the law, with costs, and the motion of the defendantsJeanne Hofmann and Judy Wood, formerly known as Bodisher, for summary judgmentdismissing the complaint insofar as asserted against them is granted.
The defendants Jeanne Hofmann and Judy Wood, formerly known as Bodisher (hereinaftertogether the defendants), demonstrated their prima facie entitlement to judgment as a matter oflaw by presenting evidence that the plaintiff executed general releases in their favor which barredthe instant action (see CPLR 3211 [a] [5]). "A release will not be treated lightly, and willbe set aside by a court only for duress, illegality, fraud, or mutual mistake" (Shklovskiy vKhan, 273 AD2d 371, 372 [2000]; see Mangini v McClurg, 24 NY2d 556, 563[1969]; Haynes v Garez, 304 AD2d 714, 715 [2003]). In opposition to the motion, theplaintiff failed to raise a triable issue of fact (see Friends of Avalon Preparatory School v Ehrenfeld, 6 AD3d658, 659 [2004]). Accordingly, the defendants' motion for summary judgment should havebeen granted.
The parties' remaining contentions either are without merit or need not be reached in light[*2]of our determination. Rivera, J.P., Santucci, Dickerson andBelen, JJ., concur.