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NAPOLITANO v. CITY OF NEW YORK

12 A.D.3d 194 (2004)

783 N.Y.S.2d 584

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

Appellate Division of the Supreme Court of the State of New York, First Department.

November 9, 2004.

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 A.D.2d 214, 215 [1996]; Liberty Marble v Elite Stone Setting Corp...

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