Ficorp, Ltd. v. Gourian

—Order, Supreme Court, New York County (Charles Ramos, J.), entered August 6, 1997, which to the extent appealed from as limited by plaintiffs brief, granted the motion of defendant Donna J. Gourian for summary judgment dismissing the complaint in consolidated actions 1, 3, 5 and 9, unanimously affirmed, with costs.

Since the claims in the above numbered actions were resolved in the global settlement entered among the parties in 1994, release was a viable affirmative defense, and summary judgment was properly granted. While release was not asserted as an affirmative defense in the answer, it…