AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

DANIEL NAPOLITANO, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

Plaintiff settled the disciplinary charges pending against him, pleading guilty thereto and giving defendants-respondents a general release, and taking in exchange a vested interest retirement. Having accepted the benefits of the settlement, plaintiff ratified the release, and is therefore barred from alleging duress in its execution ( see Fruchthandler v. Green, 233 AD2d 214, 215; Liberty Marble v. Elite Stone Setting Corp., 248 AD2d 302, 304). That almost two years passed between the alleged duress, i.e., a threat of demotion if plaintiff contested the disciplinary charges, and the filing of the instant complaint further undermined the claim of duress ( see Fruchthandler, 233 AD2d at 215; Nasik Breeding Research Farm v. Merck Co., 165 F Supp 2d 514, 527-528 [SD NY 2001]).

Use AI to get other relevant cases.

Comments

NAPOLITANO v. CITY OF NEW YORK
(Nov 9, 2004)