SUMMARY ORDER Plaintiff Gloree Sapio commenced this action against defendants Selux Corporation, Yvonne Rivera, and Ed Wolf, alleging racial discrimination pursuant to 42 U.S.C. §1981 and New York Human Rights Law1 (NYHRL), as well as fraud and misrepresentation. (Am. Compl., Dkt. No. 20.) On May 14, 2021, the Court of Appeals for the Second Circuit issued a mandate which vacated this court’s Memorandum Decision and Order that granted summary judgment to defendants.2 (Dkt. No. 31.) As relevant here, the Second Circuit determined that this court “did not reach the issue of whether, as [d]efendants contend, Sapio released her claims pursuant to a waiver provision in her separation agreement with Selux.” (Id. at 2.) The Second Circuit noted that “[d]efendants are free on remand to renew their contention that Sapio has released her claims.” (Id. at 3.) Accordingly, defendants renewed their motion to dismiss, (Dkt. Nos. 23, 34), and the court ordered supplemental briefing, (Dkt. No. 35). For the following reasons, defendants’ motion to dismiss, (Dkt. No. 23), is denied. Defendants contend that Sapio’s complaint must be dismissed because she voluntarily signed a valid and unambiguous release from liability, contained in the separation agreement between Sapio and Sulex (hereinafter “the Release”). (Dkt. No. 23, Attach. 1 at 9-17; Dkt. No. 37 at 2-4.) Defendants further contend that, “[e]ven if [Sapio] could allege a legally plausible claim for fraud, [her] claims still must be dismissed because [she] ratified the [Release] and failed to tender back the consideration paid to her prior to the commencement of this action.” (Dkt. No. 23, Attach. 1 at 20.) At this stage in the case, Sapio has adequately alleged that the Release was voidable because she entered into it as a result of defendants’ fraud. Specifically, Sapio states that defendants informed her that her position at Selux was being eliminated, when it was not, and, in fact, it remained “available at the time [her] employment was terminated.” (Am. Compl.
14, 18, 19, 35, 36, 67, 68, 76, 82, 86.) Sapio further states that defendants knew this to be true, but “concealed” it from her, in order to “induce [her] to sign [the] [R]elease, and terminate her employment with [Selux]” so that they could replace her with a Caucasian. (Id.
