| Bronson v Hansel |
| 2011 NY Slip Op 03310 [16 NY3d 850] |
| April 28, 2011 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected through Wednesday, May 25, 2011 |
| Trudi L. Bronson, Appellant, v Allen J. Hansel, Respondent. |
Decided April 28, 2011
Bronson v Hansel, 79 AD3d 1603, affirmed.
APPEARANCES OF COUNSEL
Cellino & Barnes, P.C., Buffalo (Gregory V. Pajak and Ellen B. Sturm of counsel), for appellant.
Brown & Kelly, LLP, Buffalo (Patricia S. Ciccarelli of counsel), for respondent.
Memorandum.
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 issue 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]).{**16 NY3d at 852}
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.