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IN THE MATTER OF BROWN

65 A.D.3d 1140 (2009)

885 N.Y.S.2d 222

In the Matter of JANET M. BROWN, Also Known as JANET M. BURSTEIN, Deceased. SIMONE LEVITT, Respondent, v. ELAINE EDELSTEIN, as Administratrix of the Estate of JANET M. BROWN, Also Known as JANET M. BURSTEIN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 15, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs payable by the estate.

"The meaning and scope of a release must be determined within the context of the controversy being settled" (Matter of Schaefer, 18 N.Y.2d 314, 317 [1966]; Zichron Acheinu Levy, Inc. v Ilowitz, 31 A.D.3d 756 [2006]), and a general release cannot be construed "to cover matters which the...

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