Walker v. Arpindo Corp.

Full title: FREDERIC WALKER, Appellant, v. ARPINDO CORPORATION et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 29, 1993

194 A.D.2d 503 (N.Y. App. Div. 1993)

599 N.Y.S.2d 567

Opinion

June 29, 1993

Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).

Any right plaintiff may have had to repudiate the settlement agreement because of failure to timely tender in full the initial $100,000 deposit or other breaches thereof was vitiated when plaintiff ratified the agreement by retaining the benefit of the $75,000 actually paid (see, Bank Leumi Trust Co. v. D'Evori Intl., 163 A.D.2d 26). CPLR 3004 is inapplicable to claims of contractual right to repudiate, and plaintiff's unsupported claims for rescission and reformation were properly dismissed summarily.

We have considered plaintiff's remaining arguments and find them to be without merit.

Concur — Sullivan, J.P., Carro, Wallach and Nardelli, JJ.