Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendants' motion for summary judgment dismissing the complaint is granted and the plaintiffs' cross motion for leave to amend the complaint is denied.
Contrary to the plaintiffs' arguments on appeal, their cause of action for breach of the defendants' obligations under the contract is clearly one for rescission. Delay in performance of a contract where time is not of the essence...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.