N.Y. CPLR § 3004

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 3004 Where restoration of benefits before judgment unnecessary § 3004. Where restoration of benefits before judgment unnecessary. Aparty who has received benefits by reason of a transaction that is voidor voidable because of fraud, misrepresentation, mistake, duress,infancy or incompetency, and who, in an action or by way of defense orcounterclaim, seeks rescission, restitution, a declaration or judgmentthat such transaction is void, or other relief, whether formerlydenominated legal or equitable, dependent upon a determination that suchtransaction was void or voidable, shall not be denied relief because ofa failure to tender before judgment restoration of such benefits; butthe court may make a tender of restoration a condition of its judgment,and may otherwise in its judgment so adjust the equities between theparties that unjust enrichment is avoided.