Opinion
July 7, 1997
Appeal from the Supreme Court, Nassau County (Segal, J.).
Ordered that the order is affirmed, with costs.
The language of the release given in conjunction with the settlement of a prior proceeding between the parties clearly and unambiguously covers the subject matter of this action. Consequently, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint based on the defense of release pleaded in the defendant's answer ( see, Thailer v. LaRocca, 174 A.D.2d 731; Skluth v. United Merchants Mfrs., 163 A.D.2d 104; LeMay v. H. W. Keeney, Inc., 124 A.D.2d 1026).
Rosenblatt, J. P., Thompson, Pizzuto and Altman, JJ., concur.