Statute · New York Civil Practice Law & Rules
N.Y. C.P.L.R. 3004 — Where restoration of benefits before judgment unnecessary
N.Y. C.P.L.R. 3004
- Type
- Statute
- Source
- New York Civil Practice Law & Rules
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
§ 3004. Where restoration of benefits before judgment unnecessary. A party who has received benefits by reason of a transaction that is void or voidable because of fraud, misrepresentation, mistake, duress, infancy or incompetency, and who, in an action or by way of defense or counterclaim,…
Citator
N.Y. C.P.L.R. 3004 — Where restoration of benefits before judgment unnecessary is in force in the current edition of the Code, and nothing recorded condemns it.
§ 3004. Where restoration of benefits before judgment unnecessary. A party who has received benefits by reason of a transaction that is void or voidable because of fraud, misrepresentation, mistake, duress, infancy or incompetency, and who, in an action or by way of defense or counterclaim, seeks rescission, restitution, a declaration or judgment that such transaction is void, or other relief, whether formerly denominated legal or equitable, dependent upon a determination that such transaction was void or voidable, shall not be denied relief because of a failure to tender before judgment restoration of such benefits; but the court may make a tender of restoration a condition of its judgment, and may otherwise in its judgment so adjust the equities between the parties that unjust enrichment is avoided.