Legal Opinion
Bechard v. Monty's Bay Recreation, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 2006PublishedCited by 5 opinions
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Dawson, J.), entered October 14, 2005 in Clinton County, which, upon re-argument, adhered to a prior order denying plaintiff’s motion for summary judgment in lieu of a complaint.
On January 1, 2001, defendant issued a promissory note to plaintiff payable one year later. When defendant failed to pay, plaintiff commenced this action by a motion for summary judgment in lieu of complaint. Defendant opposed the motion, raising the defense of economic duress. Among other things, defendant argued that, despite having obligated himself to execute a personal…
2Cases cited3 opinions
- 805 Third Ave. Co. v. M.W. Realty AssociatesNew York Court of Appeals · 1983
- Friends Lumber, Inc. v. Cornell Development Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Steen v. BumpAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by5 opinions
- Interpharm, Inc. v. Wells Fargo Bank, National AssociationCourt of Appeals for the Second Circuit · 2011
- Bechard v. Monty's Bay Recreation, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Bechard v. Monty's Bay Recreation, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Chachkes v. DavidDistrict Court, S.D. New York · 2021
- Integra Optics, Inc. v. MessinaNew York Supreme Court · 2016