Friday, June 2, 2017

A valid defense of duress.

Practice point:  The defense is established upon the showing of a wrongful threat precluding the exercise of free will.  The threat of criminal prosecution is enough, as is the threat of deportation.

Case in point:  Yoon Jung Kim v. An, NY Slip Op 04201 (1st Dep't May 25, 2017)

Here is the decision.

Monday's issue:  Misrepresentations, rescission, and fraudulent inducement.