Supreme Court properly granted defendant's motion to dismiss because the written release, which plaintiff executed on November 22, 2010, precludes plaintiff from making the claims set forth in the complaint (see CPLR 3211 [a] [1], [5]). It is clear that the entire purpose of the release was for plaintiff to waive its finder's fee in relation to the subject transaction between defendant and a nonparty, as consideration to induce defendant to consummate the transaction...
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