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EVGENY FREIDMAN plf-ap, v. CAPITAL ONE TAXI MEDALLION FINANCE, ETC., def-res

4654. EVGENY FREIDMAN plf-ap, v. CAPITAL ONE TAXI MEDALLION FINANCE, ETC., def-res — Fox Rothschild, LLP, New York (Brett A. Berman of counsel), for ap — Skadden, Arps, Slate, Meagher & Flom LLP, New York (George A. Zimmerman of counsel), for res — 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.

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4654. EVGENY FREIDMAN plf-ap, v. CAPITAL ONE TAXI MEDALLION FINANCE, ETC., def-res — Fox Rothschild, LLP, New York (Brett A. Berman of counsel), for ap — Skadden, Arps, Slate, Meagher & Flom LLP, New York (George A. Zimmerman of counsel), for res — 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. Amrica Movil, S.A.B. de C.V., 17 NY3d 269, 276 [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 AD2d 26, 29 [1st Dept 1990] [internal quotation marks omitted]).

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