AVERY v. WJM DEV. CORP.

2020-08232. Index No. 61219/15.

216 A.D.3d 887 (2023)

189 N.Y.S.3d 621

2023 NY Slip Op 02634

Linda Avery et al., Appellants, v. WJM Development Corp. et al., Respondents, et al., Defendants.

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

Decided May 17, 2023.


Attorney(s) appearing for the Case

Binakis Law P.C., Woodside, NY ( Patrick Binakis of counsel), for appellants.

Connolly, J.P., Miller, Zayas and Dowling, JJ., concur.


In an action, inter alia, to recover damages for breach of contract, fraud, and unjust enrichment, the plaintiffs appeal from an order of the Supreme Court, Westchester County (William J. Giacomo, J.), dated May 9, 2018. The order, insofar as appealed from, denied those branches of the plaintiffs' motion which were for summary judgment on the cause of action to rescind the contract insofar as asserted against the defendant WJM Development Corp., on the cause of action, in...

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