ETIM v. AFFINION BENEFITS GROUP LLC (2020)

Order (Naita A. Semaj, J.), entered June 10, 2019, affirmed, with $10 costs.

Civil Court properly denied plaintiff's motion to vacate the so-ordered stipulation settling the underlying breach of contract and fraud action, since he failed to demonstrate legal cause for such relief, i.e., fraud, collusion, mistake or accident (see Hallock v. State of New York, 64 N.Y.2d 224, 230 [1984]). We find unavailing plaintiff's claims that the court and/or defense counsel exerted undue pressure, amounting to legal duress, in overseeing the settlement process. In order to prove legal duress, a party must adduce proof that “a wrongful threat preclud[ed] the exercise of his free will” (Austin Instrument v. Loral Corp., 29 N.Y.2d 124, 130 [1971]; see Feuer v. Darkanot, 36 A.D.3d 753, 753-754 [2007]), a showing not here made by plaintiff. General contentions that a party felt pressured by the court are insufficient to establish duress (see Ross v. Clyde Beatty—Cole Bros. Circus, 26 A.D.3d 321, 322 [2006]; see also Strang v. Rathbone, 108 A.D.3d 565, 566 [2013]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.