Spiegel v. Gnadzinski

Boomer and Lawton, JJ.

(dissenting). We would affirm. The only reason advanced by plaintiff in support of his request for equitable relief is that there was a mutual mistake with respect to the extent of his injury. Plaintiff failed, however, to produce evidence in admissible form that the injuries now complained of were sufficiently different from those known to him at the time he executed the settlement agreement (see, Mangini v McClurg, 24 NY2d 556, 564; Marchello v Lenox Hill Hosp., 107 AD2d 566, affd 65 NY2d 833; Elson v Delaney, 47 AD2d 708; Viskovich v Walsh-Fuller-Slattery, 16 AD2d 67, *900…