Legal Opinion · Dissent
Weinstock v. Handler
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 1998Published
1DissentRubin, J.
It is an elementary principle that equity is a shield, not a sword (Canron Corp. v City of New York, 214 AD2d 115, 120, affd 89 NY2d 147). If for no other reason, plaintiff should not be permitted to transform an equitable action, which seeks to re*167scind a contract, into an action at law that demands performance of the very same transaction that plaintiff has repudiated. Moreover, for a variety of legal and equitable reasons, the summary disposition sought by plaintiff is unavailable.
In a letter agreement dated February 23, 1984, plaintiff Israel Weinstock contracted to sell his interest in a…
2Cases cited34 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Howard v. . DalyNew York Court of Appeals · 1875
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
29 more not listed; retrieve them via the Exa API.