Appellate Division of the Supreme Court of New York, 1994

6340 Transit Road, Inc. v. Unigard Security Insurance

6340 Transit Road, Inc. v. Unigard Security Insurance
Appellate Division of the Supreme Court of New York · Decided November 16, 1994
209 A.D.2d 921; 619 N.Y.S.2d 1014
6340 Transit Road, Inc. v. Unigard Security Insurance

Opinion of the Court

—Order unanimously reversed on the law with costs, motion granted *922and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ motion for summary judgment. Plaintiff accepted $452,000 in final settlement of its claim and signed a release to that effect. Its causes of action are barred by its negotiation and execution of the release (see, Rocanova v Equitable Life Assur. Socy., 83 NY2d 603, 616). The release was not obtained through economic duress; plaintiff was not compelled to agree to the terms of the settlement "by means of a wrongful threat which precluded the exercise of its free will” (Muller Constr. Co. v New York Tel. Co., 40 NY2d 955, 956). (Appeal from Order of Supreme Court, Erie County, Glownia, J.—Summary Judgment.) Present—Denman, P. J., Lawton, Wesley, Doerr and Boehm, JJ.

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