Practice point: Recission is appropriate when defendant's fraud caused a significant injury and plaintiff has no adequate remedy at law.
Students should note that an action is not time-barred when it was asserted as a counterclaim in a prior proceeding and consolidated with the instant action, pursuant to CPLR 203(d).
Case: Shomron v. Griffin, NY Slip Op 00723 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Torts.
