Legal Opinion
Vitale v. Coyne Realty, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 1979No. Appeal No. 1, Appeal No. 2, Appeal No. 3PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The members of the court are in general agreement with the disposition of the various issues on this appeal as set forth in the opinion of Justice Callahan. A majority of the court, however, believe that the method used to measure restitution due upon rescission of the sale of the restaurant business was improper. Indeed, were it not for the fact that the property has already changed hands and both the vendee, plaintiff Vitale, and the vendor, defendant Tawil, have stated they now elect rescission and restitution, we might well find rescission impossible (see Ungewitter v…
3Cases cited2 opinions
- Ungewitter v. TochAppellate Division of the Supreme Court of the State of New York · 1968
- Ungewitter v. TochNew York Court of Appeals · 1970
4Cited by17 opinions
- Woodling v. Garrett Corp.Court of Appeals for the Second Circuit · 1987
- Morse/Diesel, Inc. v. Fid. & Deposit Co. of MarylandDistrict Court, S.D. New York · 1991
- Campbell v. Rogers & WellsAppellate Division of the Supreme Court of the State of New York · 1995
- Quintel Corp. v. Citibank, N.A.District Court, S.D. New York · 1985
- Newman v. SilverDistrict Court, S.D. New York · 1982
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