Practice point: The Appellate Division affirmed dismissal, finding that, by waiting too long to file the instant action, plaintiffs waived their argument that they signed the subject release under duress. The Appellate Division noted that, while plaintiffs might have been excused from suing for the first two years due to their fear of the look-back period, they delayed an additional 10 months beyond those two years.
Student note: Even if there were triable issues exist as to unconscionability and overreaching, plaintiffs' ratification of the release bars them from challenging it on those grounds.
Case: Achache v. Achache, NY Slip Op 04386 (1st Dept. 2015)
Here is the decision.
Tomorrow's issue: Setting aside a foreclosure sale.
