Smith v. Girolamo

Order, Supreme Court, New York County (Paula Omansky, J.), entered October 18, 2002, which, in an action for fraud and rescission arising out of the sale of a corporation, the sole asset of which was a residential apartment house, in which action it has been determined that the contract should be rescinded, that defendant seller should return to plaintiff buyers the purchase price and their repair costs, and that plaintiffs should return to defendant their profits and the value of any use and occupancy of the building, granted defendant’s motion to vacate a prior dismissal of the action to…