Budnack v. Crymes

—Order unanimously reversed in the interest of justice without costs, motion denied and complaint reinstated. Memorandum: Plaintiff commenced this negligence action seeking damages for personal injuries she sustained in an automobile accident, and Supreme Court granted defendant’s motion for summary judgment dismissing the complaint on the ground of release. A release should not be set aside unless plaintiff demonstrates duress, illegality, fraud, or mutual mistake (see, Mangini v McClurg, 24 NY2d 556, 563; Cramer v Newburgh Molded Prods., 228 AD2d 541, Iv denied 89 NY2d 803; Stone v National…