Jacobus v Battery Park Hotel Mgt., LLC

Jacobus v Battery Park Hotel Mgt., LLC 2011 NY Slip Op 01414 Decided on February 24, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 24, 2011
Mazzarelli, J.P., Andrias, Catterson, Moskowitz, Román, JJ.
4361 113894/08

[*1]Ronald Jacobus, Plaintiff-Appellant,

v

Battery Park Hotel Management, LLC, Defendant-Respondent.




Law Offices of Stewart Lee Karlin, P.C., New York (Stewart
Lee Karlin of counsel), for appellant
Kane Kessler, P.C., New York (Lois M. Traub of counsel), for
respondent.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered March 5, 2009, which, in an action alleging employment discrimination, granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(5), unanimously affirmed, without costs.

The record establishes that plaintiff knowingly and voluntarily executed an agreement explicitly releasing any employment discrimination claims against defendant. Plaintiff admits that he signed the release and raises no valid defense to its enforcement (see Toledo v West Farms Neighborhood Hous. Dev. Fund Co., Inc., 34 AD3d 228, 229 [2006]; Goode v Drew Bldg. Supply, 266 AD2d 925 [1999]).

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 24, 2011

CLERK