Arias-Paulino v. Academy Bus Tours, Inc.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered December 22, 2006, which, to the extent appealed from as limited by the briefs, granted defendants’ motion to renew and reargue a prior motion to amend their answer to include the affirmative defenses of release and accord and satisfaction and, upon reargument, granted the prior motion and dismissed all plaintiffs’ claims up to $1,000,000, unanimously reversed, on the law and the facts, without costs, the motion denied and the claims reinstated.

It is undisputed that defendant Academy Bus Tours, Inc. received the release in…