Lipiner v. Santoli

*1002In an action to recover damages for personal injuries, the plaintiff third-party defendant, Edward Lipiner, appeals from an order of the Supreme Court, Kings County (Balter, J.), dated September 24, 2008, which, in effect, denied his motion to dismiss the defendant and third-party plaintiffs counterclaim and the third-party complaint on the ground of release.

Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the defendant and third-party plaintiffs counterclaim and the third-party complaint on the ground of release is granted.

This action stems from a motor…