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ARNAUD C. ACHACHE plf-ap, v. DANIEL OCH def-res

15177-15178. ARNAUD C. ACHACHE plf-ap, v. DANIEL OCH def-res — Garvey Schubert Barer, New York (Andrew J. Goodman of counsel), for ap — Debevoise & Plimpton LLP, New York (Edwin G. Schallert of counsel), for res — _—Judgment, Supreme Court, New York County (Saliann Scarpulla, J.), entered July 14, 2014, dismissing the complaint, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered March 13, 2014, which granted defendants' motion to dismiss the complaint pursuant to CPLR 3211(a) (5) and (7), unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

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15177-15178. ARNAUD C. ACHACHE plf-ap, v. DANIEL OCH def-res — Garvey Schubert Barer, New York (Andrew J. Goodman of counsel), for ap — Debevoise & Plimpton LLP, New York (Edwin G. Schallert of counsel), for res — _—Judgment, Supreme Court, New York County (Saliann Scarpulla, J.), entered July 14, 2014, dismissing the complaint, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered March 13, 2014, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211(a) (5) and (7), unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The court correctly found that, by waiting too long to file the instant action, plaintiffs waived their argument that they signed the subject release under duress (see e.g. Leader v. Dinkler Mgt. Corp., 26 AD2d 683 [2d Dept 1966], affd 20 NY2d 393 [1967]). Plaintiffs might have been excused from suing for the first two years due to their fear of the lookback period (see Austin Instrument v. Loral Corp., 29 NY2d 124, 133 [1971]; Sosnoff v. Carter, 165 AD2d 486, 492 [1st Dept 1991]). However, they delayed an additional 10 months beyond those two years (see Leader, 26 AD2d at 683 [six-month delay waived claim of duress]).

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