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KRANITZ v. STROBER ORG., INC.

181 A.D.2d 441 (1992)

Jay S. Kranitz et al., Appellants, v. Strober Organization, Inc., et al., Respondents

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

March 5, 1992

Plaintiffs seek to void certain agreements on the ground of duress, claiming that the defendants threatened plaintiff Jay Kranitz with prosecution for certain criminal acts. Duress requires a showing of both a wrongful threat and the effect of precluding the exercise of free will (Austin Instrument v Loral Corp., 29 N.Y.2d 124, 130). The record reflects the exercise of free will on the part of Mr. Kranitz to accept the benefits of...

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