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Worker Raises Triable Issues of Fraud, Duress to Defense's Claim of Release

Monday, May 23, 2022 | 0

A New York appellate court revived a worker’s Labor Law claims based on triable issues as to whether he had been the victim of fraud or duress when he executed releases purporting to waive his claims against the defendants. Case: Dolcimascolo v. 701 7th Property Owner LLC, No. 156779/18E, 05/03/2022, published. Facts and procedural history: Michael Dolcimascolo filed suit against 701 7th Property Owner LLC and others, asserting claims for violation of the Labor Law. Two of the defendants filed answers, then motions to amend their answers to assert a defense of release. In support of t...

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