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STEWART M. MULLER CONSTR. CO., INC. v. NEW YORK TEL. CO.

40 N.Y.2d 955 (1976)

Stewart M. Muller Construction Company, Inc., et al., Appellants, v. New York Telephone Company, Respondent.

Court of Appeals of the State of New York.

Decided November 18, 1976.

Attorney(s) appearing for the Case

Jonathan L. Rosner for appellants.

Arnold I. Roth for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed. A contract may be voided on the ground of economic duress where the complaining party was compelled to agree to its terms by means of a wrongful threat which precluded the exercise of its free will. (Austin Instrument v Loral Corp., 29 N.Y.2d 124, 130; Oleet v Pennsylvania Exch. Bank, 285 App Div 411.) Here...

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