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BOSHES v. WILLIAMSON, PICKET, GROSS, INC.

276 A.D.2d 257 (2000)

714 N.Y.S.2d 199

EUGENE BOSHES, Individually and Doing Business as CAPITAL REAL ESTATE AND DEVELOPMENT, Appellant, v. WILLIAMSON, PICKET, GROSS, INC., et al., Respondents.

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

Decided October 3, 2000.

The action was properly dismissed upon the basis of the clear and unambiguous releases executed by plaintiff, at least one of which was executed after plaintiff retained counsel. Defendants' mere threat to breach a contract to pay commissions unless plaintiff signed the releases did not constitute duress (see, Austin Instrument v Loral Corp., 29 N.Y.2d 124, 130-131), and their purported knowledge of plaintiff's alleged financial...

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