PHIPPS SC, LLC v. SA SBS MYRTLE BEACH MANAGING MEMBER, LLC

Index No. 653039/18. Appeal Nos. 12242-12243. Case Nos. 2020-02564, 2019-2413.

193 A.D.3d 485 (2021)

144 N.Y.S.3d 189

2021 NY Slip Op 02226

Phipps SC, LLC, Appellant, v. SA SBS Myrtle Beach Managing Member, LLC, et al., Respondents.

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

Decided April 8, 2021.


Attorney(s) appearing for the Case

Gabriel Fischbarg , New York, for appellant.

The Shell Law Firm, PLLC, New York ( Martin Shell of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, Kennedy, JJ.


Plaintiff shows no reason to disturb the motion court's dismissal of the rescission claim, as it does not show that it lacks an adequate remedy at law. Plaintiff claims to have been harmed by not receiving monetary distributions in connection with a refinancing, and thus fails to show why money damages would not fully remedy defendants' alleged breach of ¶ 2C of the parties' settlement agreement (see Rudman v Cowles Communications, 30 N.Y.2d 1...

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