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DEMETRIOS BEKAS et al., Respondents, v. 13 SAGAMORE WOODS CORPORATION et al., Defendants, and EDGAR R. BERNER, Appellant.

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 therefore properly denied the appellant's motion. Bracken, J.P., Lawrence, Copertino and Florio, JJ., concur.

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BEKAS v. 13 SAGAMORE WOODS CORPORATION
(Apr 18, 1994)