Bekas v. 13 Sagamore Woods Corp.

Appellate Division of the Supreme Court of New York

Bekas v. 13 Sagamore Woods Corp.

203 A.D.2d 406, 610 N.Y.S.2d 853, 1994 N.Y. App. Div. LEXIS 3970

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 18, 1994

StatusPublished

Cited by4 cases

This text of 203 A.D.2d 406 (Bekas v. 13 Sagamore Woods Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bekas v. 13 Sagamore Woods Corp., 203 A.D.2d 406, 610 N.Y.S.2d 853, 1994 N.Y. App. Div. LEXIS 3970 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In an action to recover damages, inter alia, for breach of contract, the defendant Edgar R. Berner appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated March 18, 1992, which denied his motion for summary judgment dismissing the complaint insofar as it is asserted against him.

Ordered that the order is affirmed, with costs.

The appellant moved for summary judgment on the ground that the plaintiffs had executed a general release in his favor. We agree with the Supreme Court that the plaintiffs have raised triable issues of fact as to whether the general release was executed under duress (see, Stone Theat. Corp. v Technical Programming & Sys. Support, 157 AD2d 689, 691). The court [407]*407therefore properly denied the appellant’s motion. Bracken, J. P., Lawrence, Copertino and Florio, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages, inter alia, for breach of contract, the defendant Edgar R. Berner appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated March 18, 1992, which denied his motion for summary judgment dismissing the complaint insofar as it is asserted against him.

Ordered that the order is affirmed, with costs.

The appellant moved for summary judgment on the ground that the plaintiffs had executed a general release in his favor. We agree with the Supreme Court that the plaintiffs have raised triable issues of fact as to whether the general release was executed under duress (see, Stone Theat. Corp. v Technical Programming & Sys. Support, 157 AD2d 689, 691). The court [407]*407therefore properly denied the appellant’s motion. Bracken, J. P., Lawrence, Copertino and Florio, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

203 A.D.2d 406, 610 N.Y.S.2d 853, 1994 N.Y. App. Div. LEXIS 3970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bekas-v-13-sagamore-woods-corp-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack