Moskowitz v. General Accident Insurance
Appellate Division of the Supreme Court of the State of New York
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
- Ermco Erectors, Inc. v. Grand Iron Works, Inc.New York Court of Appeals · 1983
- Ermco Erectors, Inc. v. Grand Iron Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
3Cited by2 opinions
- Lapine v. SeinfeldNew York Supreme Court · 2011
- Alexander v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2025