Bronson v Hansel

2011 NY Slip Op 03310

Decided on April 28, 2011

Court of Appeals

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 28, 2011
No. 145 SSM 13






Submitted by Gregory V. Pajak, for appellant.
Submitted by Patricia S. Ciccarelli, for respondent.


MEMORANDUM:[*2]

The order of the Appellate Division should be affirmed with costs.

In support of his motion for summary judgment, defendant proffered a prima facie case that the action should be barred on the ground of release. In opposition, plaintiff failed to raise a triable of fact that the release should be set aside on the ground of mutual mistake (see Mangini v McClurg, 24 NY2d 556, 563-566 [1969]) or because the settlement was not "fairly and knowingly made" (Farrington v Harlem Sav. Bank, 280 NY 1, 4 [1939]).
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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided April 28, 2011