Trudi L. Bronson v. Allen J. Hansel

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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 145 SSM 13 Trudi L. Bronson, Appellant, v. Allen J. Hansel, Respondent. Submitted by Gregory V. Pajak, for appellant. Submitted by Patricia S. Ciccarelli, for respondent. MEMORANDUM: The order of the Appellate Division should be affirmed with costs. In support of his motion for summary judgment, - 1 - - 2 - SSM No. 13 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]). * * * * * * * * * * * * * * * * * 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 - 2 -

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