N.Y. Civil Practice Law & Rules § 3002: Actions and relief not barred for inconsistency

§ 3002. Actions and relief not barred for inconsistency. (a) Action

against several persons. Where causes of action exist against several

persons, the commencement or maintenance of an action against one, or

the recovery against one of a judgment which is unsatisfied, shall not

be deemed an election of remedies which bars an action against the

others.

(b) Action against agent and undisclosed principal. Where causes of

action exist against an agent and his undisclosed principal, the

commencement or maintenance, after disclosure of the principal, of an

action against either, or the recovery of a judgment against either

which is unsatisfied, shall not be deemed an election of remedies which

bars an action against the other.

(c) Action for conversion and on contract. Where causes of action

exist against several persons for the conversion of property and upon

express or implied contract, the commencement or maintenance of an

action against one, or the recovery against one of a judgment which is

unsatisfied, either for the conversion or upon the contract, shall not

be deemed an election of remedies which bars an action against the

others either for the conversion or upon the contract.

(d) Action on contract and to reform. A judgment denying recovery in

an action upon an agreement in writing shall not be deemed to bar an

action to reform such agreement and to enforce it as reformed.

(e) Claim for damages and rescission. A claim for damages sustained as

a result of fraud or misrepresentation in the inducement of a contract

or other transaction, shall not be deemed inconsistent with a claim for

rescission or based upon rescission. In an action for rescission or

based upon rescission the aggrieved party shall be allowed to obtain

complete relief in one action, including rescission, restitution of the

benefits, if any, conferred by him as a result of the transaction, and

damages to which he is entitled because of such fraud or

misrepresentation; but such complete relief shall not include

duplication of items of recovery.

(f) Vendee's lien not to depend upon form of action. When relief is

sought, in an action or by way of defense or counterclaim, by a vendee

under an agreement for the sale or exchange of real property, because of

the rescission, failure, invalidity or disaffirmance of such agreement,

a vendee's lien upon the property shall not be denied merely because the

claim is for rescission, or is based upon the rescission, failure,

invalidity or disaffirmance of such agreement.