Kany v. Kany

Order, Supreme Court, New York County (Lori S. Sattler, J.), entered on or about September 11, 2015, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) and/or for summary judgment pursuant to CPLR 3212, and for counsel fees, unanimously affirmed, without costs.

Plaintiff’s fraud claims are conclusively refuted by the plain terms of the parties’ 1995 written settlement agreement, which was referenced by, and attached as an exhibit to, the complaint. Pursuant to the agreement, plaintiff waived any and all right and claim to “any participation or interest that…