Opinion
Submitted September 8, 1999
October 25, 1999
In an action to recover damages for personal injuries, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Berler, J.).
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted those branches of the plaintiff's cross motion which were to dismiss the affirmative defenses based on release and to set aside the release. Misrepresentations were made by the defendant in an affidavit unrelated to her motion and unrefuted misrepresentations were made by the defendant's excess insurer prior to the time that the plaintiff entered into the release (see, Rocanova v. Equitable Life Assur. Socy. of U.S., 83 N.Y.2d 603, 616 ; see also, Williamson Cent. Sch. Dist. v. E L Piping, Inc., 261 A.D.2d 937 [4th Dept., May 7, 1999]; Steen v. Bump, 233 A.D.2d 583 ; Desiderato v. N A Taxi, 190 A.D.2d 250, 253 ).
The defendant's remaining contentions are without merit.
MANGANO, P.J., RITTER, JOY, McGINITY, and SMITH, JJ., concur.