Legal Opinion

Moskowitz v. General Accident Insurance

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

Decided January 15, 1992PublishedCited by 2 opinions

1Opinion of the Court

The court properly granted the defendant Krieger’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) insofar as it is asserted against him. The conclusory allegations submitted in support of the plaintiffs’ assertions of economic duress and overreaching were not supported by evidentiary facts sufficient to present a triable issue regarding the validity *723of the release (see, Ermco Erectors v Grand Iron Works, 93 AD2d 878, affd 60 NY2d 634). Kunzeman, J. P., Balletta, Miller and Ritter, JJ., concur.

2Cases cited2 opinions

  1. Ermco Erectors, Inc. v. Grand Iron Works, Inc.New York Court of Appeals · 1983
  2. Ermco Erectors, Inc. v. Grand Iron Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1983

3Cited by2 opinions

  1. Lapine v. SeinfeldNew York Supreme Court · 2011
  2. Alexander v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2025