Data Retrieval & Asset Locating Systems Inc. v. Mel S. Harris & Associates, LLC

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered April 22, 2004, which, in an action to rescind a contract on the ground of fraud, or, in the alternative, to enforce it as an executory accord preserving plaintiffs’ original claims for unfair competition against defendants in the event of their nonperformance, as opposed to a superseding compromise accepted in place of plaintiffs’ original claims against defendants, inter alia, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

It cannot be said as a matter of law that…