SACKMAN-GILLILAND CORP. v. SENATOR HOLDING CORP.


40 A.D.2d 998 (1972)

Sackman-Gilliland Corporation, Respondent, v. Senator Holding Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 11, 1972


Order dated July 18, 1972 reversed insofar as appealed from and judgment entered April 14, 1972 reversed, on the law, without costs, and plaintiff's motion denied insofar as it was to strike the defense and for summary judgment.

Appellant is awarded one bill of $10 costs and disbursements to cover both appeals. We are of the view that the papers in this case raise issues of fact as to the defense in question, i.e., of economic duress, which require a trial.

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