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Worker Raises Triable Issues as to Fraud/Duress in Release of Claims

Wednesday, June 1, 2022 | 0

A New York appellate court revived a worker’s claims for his alleged injuries from a fall from a ladder, finding a triable issue existed as to whether he had been induced into signing a release by fraud, duress or overreaching. Case: Rosa v. McAlpine Contracting Co., No. 33629/18E, 05/17/ 2022, published. Facts: Deivis Vasquez Rosa allegedly suffered injuries in a fall from a 30-foot ladder while working at a construction site. After this incident, he signed a release, written in English, that unambiguously released his claims against the McAlpine Contracting Co. and others, for $30,00...

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