STEINMAN v. 319 WEST 48TH STREET REALTY CORP.


276 A.D.2d 355 (2000)

715 N.Y.S.2d 1

HARRY STEINMAN, Appellant, v. 319 WEST 48TH STREET REALTY CORP., Respondent.

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

Decided October 17, 2000.


Plaintiff's wrongful eviction claim was properly dismissed in view of the parties' stipulation settling a prior summary nonpayment proceeding in which plaintiff agreed to vacate the premises in exchange for defendant's waiver of rent arrears. Plaintiff's claim that his attorney forced him to sign the stipulation, and that the stipulation should therefore be vacated as the product of duress, is unsupported by any evidence of "a wrongful threat * * * precluding the exercise...

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