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HYDRODYNE INDUSTRIES, INC., Appellant, v. MARINE MIDLAND BANK, N.A., Respondent.

Order affirmed, with costs.

The plaintiff's execution of a general release serves as an absolute bar to the instant action (see, CPLR 3211 [a] [5]). The conclusory allegations contained in the plaintiff's affidavit in opposition to the motion to dismiss are inadequate to sustain its assertion that the release was the product of duress (see, Ermco Erectors v. Grand Iron Works, 93 A.D.2d 878, affd 60 N.Y.2d 634; see also, Powell v. Oman Constr. Co., 25 A.D.2d 566). Mangano, J.P., Thompson, Brown and Weinstein, JJ., concur.

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HYDRODYNE INDUSTRIES v. MARINE MIDLAND BANK
(Mar 10, 1986)