§ 3002 — Actions and relief not barred for inconsistency

New York § 3002

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 30: Remedies and Pleading

Text

§ 3002. Actions and relief not barred for inconsistency. (a) Action\nagainst several persons. Where causes of action exist against several\npersons, the commencement or maintenance of an action against one, or\nthe recovery against one of a judgment which is unsatisfied, shall not\nbe deemed an election of remedies which bars an action against the\nothers.\n (b) Action against agent and undisclosed principal. Where causes of\naction exist against an agent and his undisclosed principal, the\ncommencement or maintenance, after disclosure of the principal, of an\naction against either, or the recovery of a judgment against either\nwhich is unsatisfied, shall not be deemed an election of remedies which\nbars an action against the other.\n (c) Action for conversion and on contract. Where causes of action\nexist against several persons for the conversion of property and upon\nexpress or implied contract, the commencement or maintenance of an\naction against one, or the recovery against one of a judgment which is\nunsatisfied, either for the conversion or upon the contract, shall not\nbe deemed an election of remedies which bars an action against the\nothers either for the conversion or upon the contract.\n (d) Action on contract and to reform. A judgment denying recovery in\nan action upon an agreement in writing shall not be deemed to bar an\naction to reform such agreement and to enforce it as reformed.\n (e) Claim for damages and rescission. A claim for damages sustained as\na result of fraud or misrepresentation in the inducement of a contract\nor other transaction, shall not be deemed inconsistent with a claim for\nrescission or based upon rescission. In an action for rescission or\nbased upon rescission the aggrieved party shall be allowed to obtain\ncomplete relief in one action, including rescission, restitution of the\nbenefits, if any, conferred by him as a result of the transaction, and\ndamages to which he is entitled because of such fraud or\nmisrepresentation; but such complete relief shall not include\nduplication of items of recovery.\n (f) Vendee's lien not to depend upon form of action. When relief is\nsought, in an action or by way of defense or counterclaim, by a vendee\nunder an agreement for the sale or exchange of real property, because of\nthe rescission, failure, invalidity or disaffirmance of such agreement,\na vendee's lien upon the property shall not be denied merely because the\nclaim is for rescission, or is based upon the rescission, failure,\ninvalidity or disaffirmance of such agreement.\n