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2020 NY Slip Op 03093

Citation
2020 NY Slip Op 03093
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,245 chars
"Adhesion is found where the party seeking to enforce the contract use[s] high pressure tactics or deceptive language in the contract and where there is inequality of bargaining power between the parties . . . . In addition, it must be shown that the contract inflicts substantive unfairness on the weaker party" (Precision Mech. v Dormitory Auth. of State of N.Y., 5 AD3d 653, 654 [2d Dept 2004] [internal quotation marks omitted]; see Molino v Sagamore, 105 AD3d 922 [2d Dept 2013]).{**184 AD3d at 63}

Plaintiff has failed to make such a showing. Plaintiff does not identify any terms that are substantively unfair to it in the voucher form. Plaintiff does not challenge the security voucher's requirement that proof of unpaid rent or damages be submitted and verified. Nor does plaintiff allege that HRA failed to pay plaintiff in any case where it sought payment pursuant to the guarantee in the voucher.

Nor do we find that the "threat" of being the subject of an anti-discrimination claim renders the agreement between the landlord and tenant voidable (see Yoon Jung Kim v An, 150 AD3d 590 [1st Dept 2017]). The threat to exercise a valid right does not constitute duress (Marine Midland Bank v Mitchell, 100 AD2d 733 [4th Dept 1984]).