19

- 1735

- cv Fontanez v. Sanchez
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
SUMMARY ORDER
R ULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT . C ITATION TO A SUMMARY ORDER FILED ON OR AFTER J ANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY F EDERAL R ULE OF A PPELLATE P ROCEDURE 32.1 AND THIS COURT = S L OCAL R ULE 32.1.1. W HEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT , A PARTY MUST CITE EITHER THE F EDERAL A PPENDIX OR AN ELECTRONIC DATABASE ( WITH THE NOTATION
A SUMMARY ORDER @ ). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PAR TY NOT REPRESENTED BY COUNSEL . At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on th e 12 th da y of August , two thousand twenty

- one . PRESENT: DENNIS JACOBS , DENNY CHIN , Circuit Judges , J. PAUL OETKEN , District Judge

. *

_______________________________________ Miguel Fontanez , Plaintiff

- Appellant ,

v. 19

- 1735 Deputy Sanchez , C.O. Washington, C.O. Castro, C.O. Janawowski, C.O. Cruz De La Cruz, C.O. Prete, 5413, C.O. Daif , 18415, C.O. Stevens, C.O. Perez, 18670, P.A. Shearn,

* Judge J. Paul Oetken, of the United States District Court for the Southern District of New York, sitting by designation.2 (EMTC), C.O. Attmore, (AMKC), C.O. Barnes, C.O. Radley, C.O. Rodriguez, C.O. Diaz, Capt. Thompson, Defendants

- Appellees

. †

_______________________________________ FOR PLAINTIFF

- APPELLANT: Miguel Font anez , pro se , Romulus , NY.
FOR DEFENDANTS

- APPELLEES: Deborah A. Brenner, Daniel Matza

- Brown, of Counsel, for James E. Johnson , Corporation Counsel of the City of New York , New York , NY

. Appeal from a judgment of the United States District Court for the
Southern District of New York ( Carter , J

. ). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED

. Plaintiff

- a ppellant Mig uel Fontanez , proceeding pro se , sued numerous corrections officers, their supervisors, medical staff, and the assistant commissioner of the New York City Department of Correction under 42 U.S.C. § 1983 , raising claims under the Eighth and Thirteenth Amendments

. He alleged that, in events occurring between August 13, 2016 , and the date he filed his complaint (February 23, 2018), he
was detained at Rikers Island in poor living conditions and was denied proper medical

care.

† The Clerk of Court is directed to amend the caption to conform to the above.3 I. BACKGROUND
Fontane z initiated a prior § 1983 lawsuit in 2017 in the Southern District of
New York , Fontanez v. Marshall , et al. , 17

- cv - 9925, in which he sued two New York City
correction officers and two captain s at Rikers Island , claiming First , Eighth , and
Fourteenth Amendment violations. The parties agreed to settle Marshall and, on August 6, 2018, Fontanez signed a general release. That general release provided, as relevant, that " in consideration of the payment of [$200], " Fontanez released the Marshall defendants, the City and its employees, officers, or agents , and any entity represented by the Corporation Counsel from any liability for any civil rights violation that arose prior to signing the release. The release also provided that it could not be changed orally and that Fontanez read the release and fully underst ood it. Upon learning of the Marshall general release, the defendants in the
instant action moved for an order to show cause as to why Fontanez ' s complaint should
not be dismissed based on the release

. T he district court dismissed the complaint, reasoning that the language of the Marshall release was clear and unambiguous , encompassed the civil rights claims against the defendants in the instant complaint , and discharged the m from liability

. Fontanez appeals. We assume the parties ' familiarity with the underlying facts, procedural history of the case, and issues on appeal.4 II. DISCUSSION As an initial matter, the parties appear to agree that New York law governs the gen eral release , and u nder New York law, " general releases are governed by principles of contract law. " Albany Sav

. Bank, FSB v. Halpin , 117 F.3d 669, 672 (2d Cir. 1997). A district court ' s interpretation of a contract is reviewed de novo

. See Parks Real Estate Purchasing Grp. v. St. Paul Fire & Marine Ins. Co. , 472 F.3d 33, 41 (2d Cir. 2006). In a dispute over the meaning of a contract, the threshold question is " whether the

contract ter ms are ambiguous. " Krumme v. WestPoint Stevens Inc. , 238 F.3d 133, 138 (2d Cir. 2000). " Ambiguity is determined by looking within the four corners of the document, not to outside sources. " JA Apparel Corp. v. Abboud , 568 F.3d 390, 396 (2d Cir. 2009) (in ternal quotation marks omitted). When an agreement is complete, clear,
and unambiguous on its face, it must be enforced according to the plain meaning of its

terms. South Rd. Assocs., LLC v. IBM , 4 N.Y.3d 272, 27 7

– 7 8 (2005). The district court properly dismissed Fontanez ' s complaint because the release was unambiguous and Fontanez ' s arguments that the release should not be
enforced are meritless. The release discharged Fontanez ' s civil rights claims against
the defendants in Marshall . It also discharg ed the City of New York, all present or past officials, employees, representatives, and agents of the City, and any entity represented by the Corporation Counsel from " all liability, claims, or rights of action alleging a5 violation of [ Fontanez ' s ] civil rights

. . . from the beginning of the world to the date of
this General Release " ( August 6, 2018 )

. All of the defendants in Fontanez ' s current action (Department of Corrections officers, medical staff , and the assistant commissioner, and the City of New York) we re represented by the City Corporation
Counsel and we re included among the entities that Fontanez discharged from liability
in the Marshall general release . That release also discharged the defendants f rom liability for any other civil righ ts violations that accrued up until the date of the August 6, 2018 release. Because the claims in this action arose from events that occurred before August 2018, they were covered and barred by the release. See A.A. Truck Renting Corp.

v. Navistar, Inc. , 916 N.Y.S.2d 194, 196 ( App. Div. 2d Dep ' t 2011) ( " W o rds of general release are clearly operative not only as to all controversies and causes of action between the releasor and releasees which had, by that time, actually ripened into litigat ion, but to all such issues which might then have been adjudicated as a result of
pre - existent controversies. " ) (internal quotation marks and alteration omitted). Although Fontanez states that " words have various meanings, " most likely to argue that certai n words or terms in the Marshall release are ambiguous, he does not specify any such ambiguous words or terms

. Appellant ' s Br. at 12. Fontanez ' s argument that the defendants ' counsel in Marshall told him that the release only applied
to the claims in tha t case, is unavailing because the text of the release prohibited oral6 amendments, and " New York ' s parol evidence rule generally bars admission of extrinsic evidence to vary or contradict the terms of a fully integrated writing " like the release at
issue he re. See Topps Co. v. Cadbury Stani S.A.I.C. , 526 F.3d 63, 69 (2d Cir. 2008). Similarly, his argument that he thought the release applied only to Marshall does not aid him because the terms of the agreement unambiguously and explicitly released the City

a nd its employees " from any and all liability, c laims, or rights of action alleging a violation of [his] civil rights, " and he attested that he read the release and fully understood it. Any thought that Fontanez had about the scope of the agreement is
irrelevant. See Int ' l Klafter Co. v. Cont ' l Cas. Co. , 869 F.2d 96, 100 (2d Cir. 1989) ( " [I]n the absence of ambiguity, . . . any conceptions or understandings any of the parties may have had during the duration of the contract[] is immaterial and inadmissible. " ).
Fontanez contends that he was subjected to duress, fraud, and undue influence when he signed the Marshall release because he was not represented by an attorney, he was asked to sign the agreement promptly, and he suffered from serious
mental illness. These arguments are conclusory and meritless. See Nelson v. Lattner Enters. of N.Y. , 969 N.Y.S.2d 614, 617 ( App. Div

. 3d Dep't 2013) ("[B]are allegations are insufficient to state a cause of action to set aside the release agreement upon the ground that it was procured by duress

. . . . ") (internal quotation marks omitted) ; Scarfone v. Vill age of Ossining , 806 N.Y.S.2d 604, 605 ( App. Div. 2d Dep't 2005) (plaintiff bound by7 release when she failed to allege that she was "incapable of comprehending the nature of a settlement agreement and the surrounding proceedings, making a rational decision concerning entering into the agreement, or of controlling her conduct"). Further,
Fontanez never moved to vacate or void the release in the district court either in Marshall or in the instant case , n or did he repay the settlement funds; rather, he reaped
the benefits of the settlemen t but seeks to avoid its consequences. See Fertico Belgium S.A. v. Phosphate Chems. Exp. Ass ' n , 501 N.Y.S.2d 867, 870 ( App. Div. 1st Dep't 1986) (providing that a plaintiff may not obtain the benefits of an agreement while seeking to avoid its consequences).
We have considered all of Fontanez ' s remaining arguments and find them to be without merit. Accordingly, we AFFIRM the judgment of the dist rict court. FOR THE COURT: Catherine O ' Hagan Wolfe, Clerk of Court