Paisley v. RTS Transportation Systems, Inc.

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of third-party defendant to dismiss the third-party complaint on the ground of release, without prejudice to renew the motion following discovery into *974the circumstances surrounding the negotiation and execution of the release (see, Best v Yutaka, 90 NY2d 833, 834). Given the timing of the release and the circumstances surrounding its execution, in particular, the state of the parties’ knowledge at that time, the actual controversy or dispute within the parties’ contemplation, and the consideration…