SKY COVERAGE INC. v. ALWEX INC.

Index No. 652604/18. Appeal No. 13887-13887A-13887B. Case No. 2021-00190, 2021-00191.

194 A.D.3d 587 (2021)

144 N.Y.S.3d 342

2021 NY Slip Op 03271

Sky Coverage Inc. et al., Respondents-Appellants, v. Alwex Inc. et al., Appellants-Respondents.

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

Decided May 20, 2021.


Attorney(s) appearing for the Case

Goldberg Segalla, New York ( Matthew S. Trokenheim of counsel), for appellants-respondents.

Goldsmith & Fass, New York ( Robert N. Fass of counsel), for respondents-appellants.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Mendez, JJ.


Although the motion court properly denied plaintiffs' motion for summary judgment on plaintiffs' rescission claim, it should have granted defendants' motion for summary judgment dismissing that claim, as plaintiffs are not entitled to rescission of the settlement agreement. Plaintiffs have an adequate remedy at law in the form of money damages under their breach of contract claim, and restoration of the status quo is impracticable (see Wyckoff v Searle Holdings Inc.,<...

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