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HELWIG v. WILKENS

51 A.D.2d 694 (1976)

Carl Helwig, Respondent, v. Robert Wilkens, Appellant

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

February 10, 1976

Scrutiny of the record discloses Special Term, properly rejected defendant's claim that he executed the stipulation in question under duress because he feared reincarceration for contempt, observing that the "`duress', if any, was not practiced by [plaintiff] but caused solely by [defendant's] clearly deliberate flouting of the mandates of the Court". Patently, plaintiff did not commit or threaten to commit any unlawful act which...

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