Opinion
November 28, 1994
Appeal from the Supreme Court, Kings County (Cannizzaro, J.H.O.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiffs' execution of a general release serves as an absolute bar to the instant action (see, CPLR 3211 [a] [5]). The plaintiffs failed to establish that the release was the product of fraud (see generally, L K Holding Corp. v. Tropical Aquarium, 192 A.D.2d 643, 645; Mergler v. Crystal Props. Assocs., 179 A.D.2d 177, 181).
We have considered the plaintiffs' remaining contentions and find them to be without merit. We note, however, that the Supreme Court will determine the fairness of the infant's settlement at the hearing with respect to the infant's compromise. Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.