Gray v. Miller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ motion for summary judgment dismissing the complaint on the ground of release. Defendants met their initial burden, and plaintiff failed to raise a triable issue of fact concerning her contention that defendants obtained the release through fraud *1001or misrepresentation (see, Verstreate v Cohen, 242 AD2d 862). Plaintiff failed to offer proof in admissible form that she was misled by the statement of the “claims specialist” that, in his opinion, she…
2Cases cited4 opinions
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- Auger v. StateAppellate Division of the Supreme Court of the State of New York · 1997
- K3 Equipment Corp. v. KintnerAppellate Division of the Supreme Court of the State of New York · 1996
- Verstreate v. CohenAppellate Division of the Supreme Court of the State of New York · 1997
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