BEKAS v. 13 SAGAMORE WOODS CORP.


203 A.D.2d 406 (1994)

610 N.Y.S.2d 853

Demetrios Bekas et al., Respondents, v. 13 Sagamore Woods Corporation et al., Defendants, and Edgar R. Berner, Appellant

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

April 18, 1994


Ordered that the order is affirmed, with costs.

The appellant moved for summary judgment on the ground that the plaintiffs had executed a general release in his favor. We agree with the Supreme Court that the plaintiffs have raised triable issues of fact as to whether the general release was executed under duress (see, Stone Theat. Corp. v Technical Programming & Sys. Support, 157 A.D.2d 689, 691). The court

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