NIXON v. LEITMAN


32 Misc.2d 461 (1962)

Charles E. Nixon, Plaintiff, v. Harold N. Leitman, Defendant.

Supreme Court, Special and Trial Term, New York County.

February 9, 1962


Attorney(s) appearing for the Case

Kissam & Halpin (James H. Halpin of counsel), for plaintiff. Manning, Hollinger & Shea (Robert J. Ruben of counsel), for defendant.


ABRAHAM N. GELLER, J.

This action, tried by the court without a jury, is for breach of agreement confirmed in a letter signed by defendant agreeing to pay plaintiff "$35,000 or seven per cent (7%), whichever is lower, I or my companies receive" from the closing of a certain transaction. The only issue in the case is defendant's affirmative defense that the execution of this letter was obtained by economic coercion...

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