Opinion
September 24, 1992
Appeal from the Supreme Court, New York County (William J. Davis, J.).
This action to recover damages for personal injuries sustained in a car accident was properly dismissed by reason of the release dated September 14, 1987, executed by plaintiff and her husband, which "made clear beyond any possible doubt that [its] scope * * * extended to potential liability for damages for personal injuries, however serious" (Sofio v Hughes, 162 A.D.2d 518, 519, lv denied 76 N.Y.2d 712).
Plaintiff failed to raise a material issue of fact that this unambiguous release was procured by fraud, misrepresentation or mutual mistake.
Concur — Wallach, J.P., Kupferman, Asch and Rubin, JJ.