Sundial Asphalt Corp. v. V.P.C. Investors Corp.

In an action to rescind a contract and to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Suffolk County (McCarthy, J.), entered November 16, 1989, which granted the defendants’ motion for summary judgment and thereupon dismissed the plaintiff’s first and second causes of action, and dismissed the third cause of action with leave to replead.

Ordered that the order is affirmed, with costs.

The parties to this action entered into a contract whereby the defendant, V.P.C. Investors Corp. (hereinafter VPC) was granted an option to purchase certain property…