Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted those branches of the plaintiff's cross motion which were to dismiss the affirmative defenses based on release and to set aside the release. Misrepresentations were made by the defendant in an affidavit unrelated to her motion and unrefuted misrepresentations were made by the defendant's excess insurer prior to the time that the plaintiff entered into the release...
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