Ortiz v. City of New York

Order, Supreme Court, New York County (Margaret A. Chan, J.), entered October 22, 2013, which granted defendants’ motion to dismiss plaintiffs complaint on the ground that it is barred by a general release executed by plaintiff, unanimously affirmed, without costs.

The court properly held that plaintiffs instant claims are barred by a prior general release executed by plaintiff. Following plaintiffs arrest on October 6, 2010, he commenced an action for assault, allegedly occurring during a search conducted at the station house subsequent to his arrest. That action was settled, and, in the…