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RUSSO v. GUARDSMAN LEASE PLAN, INC.

82 A.D.2d 801 (1981)

Edward Russo et al., Respondents, v. Guardsman Lease Plan, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 1, 1981

Judgment affirmed, with costs.

The merits of plaintiffs' action for rescission of a contract of sale involving an automobile on the ground of fraud were not governed by the requirements of section 2-608 of the Uniform Commercial Code (see Uniform Commercial Code, § 1-103). With respect to damages, it was not incumbent upon plaintiffs to establish actual pecuniary loss (see Dress Shirt Sales v Hotel Martinique Assoc., 12 N.Y.2d 339

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