NAPOLITANO v. CITY OF NEW YORK

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]).