A contract is voidable on the ground of duress when it is established that the party making the claim was forced to agree to the contract by means of a wrongful threat precluding the exercise of free will. In order to rescind an agreement on the ground of overreaching, a plaintiff must demonstrate both overreaching and unfairness. In determining whether there has been overreaching, the court may examine the terms of the agreement and the surrounding circumstances. However, if the execution of the agreement is fair, no further inquiry will be made.
Barone v. Barone, NY Slip Op 06338 (2d Dep't November 17, 2021)
