AUSTIN INSTRUMENT v. LORAL CORP.


29 N.Y.2d 124 (1971)

Austin Instrument, Inc., Respondent, v. Loral Corporation, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1971.


Attorney(s) appearing for the Case

Alvin A. Simon and Joseph Sachter for appellant.

Herbert L. Ortner and Joel Salon for respondent.

Judges BURKE, SCILEPPI and GIBSON concur with Chief Judge FULD; Judge BERGAN dissents and votes to affirm in a separate opinion in which Judges BREITEL and JASEN concur.


Chief Judge FULD.

The defendant, Loral Corporation, seeks to recover payment for goods delivered under a contract which it had with plaintiff Austin Instrument, Inc., on the ground that the evidence establishes, as a matter of law, that it was forced to agree to an increase in price on the items in question under circumstances amounting to economic duress.

In July of 1965, Loral was awarded a $6,000,000...

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