Order of the Appellate Term and final order or judgment of the Civil Court reversed on the law and the facts, and a new trial granted, with costs to abide the event.
In our opinion, the tenant made out a prima facie case of economic duress in the making and delivery of the agreement modifying the terms of the lease between the parties. Accordingly, the court was in error in dismissing the defense for lack of proof and not submitting the issue to the jury for determination...
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