DAVID v. AM. TEL. & TEL. CO.


160 A.D.2d 632 (1990)

Talakkottur R. David, Appellant, v. American Telephone & Telegraph Company et al., Respondents

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

April 26, 1990


Plaintiff sued for breach of an employment agreement and defendants interposed the affirmative defense of a release signed by plaintiff in consideration of the payment of $50,000. Plaintiff claimed that the release was signed under duress, but never returned the $50,000 received as consideration.

A contract allegedly executed under duress is voidable, not void, and a plaintiff must demonstrate his decision to challenge that contract rather than to ratify it by accepting...

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