McFarland v. Salerno

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered August 2, 2006, which, after a nonjury trial, granted judgment dismissing the complaint against defendant Salerno, unanimously reversed, on the law, without costs, the judgment vacated and plaintiff granted rescission of the assignment. The Clerk is directed to enter judgment accordingly.

Although the assignment at issue was in writing and duly signed by the assignor (General Obligations Law § 5-1107), where “owing to lack of knowledge of a material fact by the party seeking the relief, without negligence on his part, the…