1810 E & J RESTAURANT CORP. v. RED AND BLUE PARROT, INC.

2016-01993. Index No. 5611/12.

150 A.D.3d 648 (2017)

2017 NY Slip Op 03465

54 N.Y.S.3d 38

1810 E & J RESTAURANT CORP. et al., Appellants, v. RED AND BLUE PARROT, INC., et al., Respondents.

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

Decided May 3, 2017.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this action to recover damages for fraud and to rescind a contract and a lease. Contrary to their contention, the Supreme Court did not err in denying that branch of their motion which was for summary judgment on so much of the complaint as sought to rescind the contract and lease on the grounds of fraud and unilateral mistake.

"`A contract induced by fraud ....

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