Legal Opinion
Stewart M. Muller Construction Co. v. New York Telephone Co.
New York Court of Appeals
Decided November 18, 1976PublishedCited by 68 opinions
1Opinion of the Court
Memorandum. The order of the Appellate Division should be affirmed. A contract may be voided on the ground of economic duress where the complaining party was compelled to agree to its terms by means of a wrongful threat which precluded the exercise of its free will. (Austin Instrument v Loral Corp., 29 NY2d 124, 130; Oleet v Pennsylvania Exch. Bank, 285 App Div 411.) Here, plaintiff alleged that the settlement agreement was induced by defendant’s threat to terminate their earlier contract. The amended complaint and the affidavit in opposition to the motion to dismiss fail to allege that the…
2Cases cited2 opinions
- Austin Instrument, Inc. v. Loral Corp.New York Court of Appeals · 1971
- Oleet v. Pennsylvania Exchange BankAppellate Division of the Supreme Court of the State of New York · 1955
3Cited by68 opinions
- Interpharm, Inc. v. Wells Fargo Bank, National AssociationCourt of Appeals for the Second Circuit · 2011
- 805 Third Ave. Co. v. M.W. Realty AssociatesNew York Court of Appeals · 1983
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
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