Summary
This Appellate Division, First Department decision affirms the Supreme Court's denial of cross-motions for summary judgment in a dispute over a revised residential sublease. The court held that the plaintiff ratified the agreement by tendering payments labeled as a security deposit and rent, rejecting her claim of economic duress due to insufficient evidence of wrongful coercion. However, the court found triable issues of fact remain regarding whether either party breached the sublease, specifically concerning payment obligations, insurance requirements, and the defendants' refusal to tender possession.
Topics
Practice areas
Questions Presented
- Whether summary judgment was proper where triable issues of fact exist
- Whether Cedeno's claim of economic duress is sustainable absent evidence of a wrongful threat
- Whether there are triable issues of fact regarding breach of the revised sublease, including broker payment, insurance, and refusal to tender possession
Holdings
- Summary judgment is improper where triable issues of fact exist, and the lower court correctly denied summary judgment.
- Cedeno's economic duress claim cannot be sustained because no evidence was presented showing a wrongful threat that overbore her free will.
- There remain triable issues of fact as to whether Cedeno complied with broker payment and insurance requirements and whether the defendants' refusal to tender possession was proper.
Factual background
Cedeno ratified a revised sublease by delivering a $186,000 security deposit and a $15,500 rent check on August 6, 2018. She alleged economic duress, but no evidence of a wrongful threat was presented. Disputed issues remain as to whether Cedeno paid the broker in full, provided required insurance, and whether the defendants' refusal to tender possession of the apartment on that date was proper.
Procedural history
The Supreme Court, New York County denied Cedeno's motion for summary judgment and dismissal of the defendants' counterclaims and denied the defendants' cross‑motion for summary judgment on their counterclaims, finding triable issues of fact. Cedeno appealed the order.