Schwarz v. Shapiro

—Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered December 31, 1992, which granted defendant Shapiro’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, with costs.

On a prior appeal, we affirmed that portion of the order which dismissed plaintiffs claim for rescission of a letter agreement. That cause for rescission was dismissed on the basis that the plaintiff had ratified the agreement and accepted the benefits thereunder (146 AD2d 451). Following this determination, plaintiff was granted leave by Supreme Court to assert causes sounding…