Auble v. Rocking Horse Ranch Corp.

Full title: MARY AUBLE, Appellant, v. ROCKING HORSE RANCH CORP., Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 29, 1993

198 A.D.2d 467 (N.Y. App. Div. 1993)

605 N.Y.S.2d 925

Opinion

November 29, 1993

Appeal from the Supreme Court, Queens County (Smith, J.).

Ordered that the order is affirmed, with costs.

In support of its motion for summary judgment dismissing the complaint, the defendant submitted a copy of a release signed by the plaintiff of any personal injury claim against the defendant. We agree with the Supreme Court that the plaintiff failed to raise a triable issue of fact to relieve her of the release of her personal injury claim (see generally, Mangini v McClurg, 24 N.Y.2d 556). Mangano, P.J., Rosenblatt, Lawrence and Joy, JJ., concur.