October 9, 2024

Rescission.

A unilateral mistake can be the basis for rescission if failing to rescind would result in unjust enrichment of one party at the expense of the other, and the parties can be returned to the status quo ante without prejudice.

Gaetano v. 1210 Troy Schenectady Rd., LLC, NY Slip Op 04760 (2d Dep't October 2, 2024)

Here is the decision.