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BRONSON v. HANSEL

No. 145 SSM 13.

16 N.Y.3d 850 (2011)

TRUDI L. BRONSON, Appellant, v. ALLEN J. HANSEL, Respondent.

Court of Appeals of New York.

Decided April 28, 2011.

Attorney(s) appearing for the Case

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.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

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 N.Y.2d 556

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