{"data":{"id":"us-ny/n.y.-civil-practice-law-rules-3004","jurisdiction":"us-ny","citation":"N.Y. Civil Practice Law \u0026 Rules § 3004","heading":"Where restoration of benefits before judgment unnecessary","body":"§ 3004. Where restoration of benefits before judgment unnecessary. A\nparty who has received benefits by reason of a transaction that is void\nor voidable because of fraud, misrepresentation, mistake, duress,\ninfancy or incompetency, and who, in an action or by way of defense or\ncounterclaim, seeks rescission, restitution, a declaration or judgment\nthat such transaction is void, or other relief, whether formerly\ndenominated legal or equitable, dependent upon a determination that such\ntransaction was void or voidable, shall not be denied relief because of\na failure to tender before judgment restoration of such benefits; but\nthe court may make a tender of restoration a condition of its judgment,\nand may otherwise in its judgment so adjust the equities between the\nparties that unjust enrichment is avoided.","path":["Civil Practice Law \u0026 Rules","Article 30. Remedies and Pleading"],"source_url":"https://legislation.nysenate.gov/api/3/laws/CVP/3004","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:44Z","sha256":"6062c9eaa631d048658577eff94b4e01f003f5647cbcc88d49d684aebc0dae61","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-civil-practice-law-rules-3003","next":"us-ny/n.y.-civil-practice-law-rules-3005"},"notice":"GroundRules: Original legal text. Not legal advice."}