N.Y. CPLR § 3002

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3002 Actions and relief not barred for inconsistency § 3002. Actions and relief not barred for inconsistency. (a) Actionagainst several persons. Where causes of action exist against severalpersons, the commencement or maintenance of an action against one, orthe recovery against one of a judgment which is unsatisfied, shall notbe deemed an election of remedies which bars an action against theothers.(b) Action against agent and undisclosed principal. Where causes ofaction exist against an agent and his undisclosed principal, thecommencement or maintenance, after disclosure of the principal, of anaction against either, or the recovery of a judgment against eitherwhich is unsatisfied, shall not be deemed an election of remedies whichbars an action against the other.(c) Action for conversion and on contract. Where causes of actionexist against several persons for the conversion of property and uponexpress or implied contract, the commencement or maintenance of anaction against one, or the recovery against one of a judgment which isunsatisfied, either for the conversion or upon the contract, shall notbe deemed an election of remedies which bars an action against theothers either for the conversion or upon the contract.(d) Action on contract and to reform. A judgment denying recovery inan action upon an agreement in writing shall not be deemed to bar anaction to reform such agreement and to enforce it as reformed.(e) Claim for damages and rescission. A claim for damages sustained asa result of fraud or misrepresentation in the inducement of a contractor other transaction, shall not be deemed inconsistent with a claim forrescission or based upon rescission. In an action for rescission orbased upon rescission the aggrieved party shall be allowed to obtaincomplete rel not be deemed inconsistent with a claim forrescission or based upon rescission. In an action for rescission orbased upon rescission the aggrieved party shall be allowed to obtaincomplete relief in one action, including rescission, restitution of thebenefits, if any, conferred by him as a result of the transaction, anddamages to which he is entitled because of such fraud ormisrepresentation; but such complete relief shall not includeduplication of items of recovery.(f) Vendee's lien not to depend upon form of action. When relief issought, in an action or by way of defense or counterclaim, by a vendeeunder an agreement for the sale or exchange of real property, because ofthe rescission, failure, invalidity or disaffirmance of such agreement,a vendee's lien upon the property shall not be denied merely because theclaim is for rescission, or is based upon the rescission, failure,invalidity or disaffirmance of such agreement.