NETHERBY LIMITED v. G. V. TRADEMARK INVESTMENTS, LTD.


261 A.D.2d 160 (1999)

689 N.Y.S.2d 489

NETHERBY LIMITED, Appellant, v. G.V. TRADEMARK INVESTMENTS, LTD., et al., Respondents.

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

Decided May 6, 1999.


CPLR 3004 does not avail plaintiff since, by its terms, it applies only to rescissions that are sought because of "fraud, misrepresentation, mistake, duress, infancy or incompetency", whereas here plaintiff seeks to rescind on the basis of a claimed contractual right to repudiate (Walker v Arpindo Corp., 194 A.D.2d 503; see generally, Cox v Stokes, 156 N.Y. 491, 506-507). In any event, we perceive no equities warranting plaintiff...

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