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EL TORO GROUP, LLC v. BAREBURGER GROUP, LLC

651018/18. Appeal No. 12930. Case No. 2020-00695.

190 A.D.3d 536 (2021)

2021 NY Slip Op 00246

EL Toro Group, LLC, et al., Respondents, v. Bareburger Group, LLC, et al., Appellants.

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

Decided January 14, 2021.

Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman, LLP, East Meadow ( John H. Gionis of counsel), for appellants.

Marco & Sitaras, PLLC, New York ( George Marco of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Kapnick, Kern, Kennedy, JJ.

The second and third causes of action allege violation of General Business Law § 687. The second cause of action seeks the equitable remedy of rescission of the franchise agreements and SIR Agreement, and must be dismissed because plaintiffs have a complete and adequate remedy at law, which is the damages they seek in the third cause of action1 (see Rudman v Cowles Communications, 30 N.Y.2d 1, 13...

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