Opinion
10-12-2017
Evgeny FREIDMAN, et al., Plaintiffs–Appellants, v. CAPITAL ONE TAXI MEDALLION FINANCE, etc., Defendant–Respondent.
Fox Rothschild, LLP, New York (Brett A. Berman of counsel), for appellants. Skadden, Arps, Slate, Meagher & Flom LLP, New York (George A. Zimmerman of counsel), for respondent.
Fox Rothschild, LLP, New York (Brett A. Berman of counsel), for appellants.
Skadden, Arps, Slate, Meagher & Flom LLP, New York (George A. Zimmerman of counsel), for respondent.
Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered June 9, 2016, which granted defendant's motion to dismiss the amended complaint, unanimously affirmed, with costs.
The releases in the agreements signed by plaintiffs in August, October, and November 2014 bar this action, despite plaintiffs' claim that the releases were fraudulently induced (see e.g. Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V., 17 N.Y.3d 269, 276, 929 N.Y.S.2d 3, 952 N.E.2d 995 [2011] ). Plaintiffs' allegation that defendant failed to provide them with payoff amounts is refuted by the documentary evidence. "While the allegations in a pleading must be taken as true and viewed in a light most favorable to the pleader, the loan agreement, note and other instruments ... establish the rights of the parties and prevail over conclusory allegations of the complaint" ( Bank Leumi Trust Co. of N.Y. v. D'Evori Intl., 163 A.D.2d 26, 29, 558 N.Y.S.2d 909 [1st Dept.1990] [internal quotation marks omitted] ).
Sterling Natl. Bank & Trust Co. of N.Y. v Giannetti , 53 A.D.2d 533, 384 N.Y.S.2d 176 (1st Dept 1976), on which plaintiffs rely, did not involve a release. Furthermore, it was decided long before Centro Empresarial.
Contrary to plaintiffs' contention, the releases covered unaccrued claims. The release in the forbearance agreement included "any and all ... claims, demands, liabilities, ... damages, actions, [and] causes of action ... of every nature whatsoever (whether liquidated or unliquidated, known or unknown, ... foreseen or unforeseen, matured or unmatured ...)." Such language is sufficient (see Centro Empresarial, 17 N.Y.3d at 276–277, 929 N.Y.S.2d 3, 952 N.E.2d 995 ).
TOM, J.P., RENWICK, ANDRIAS, SINGH, MOULTON, JJ., concur.