| McMahon v Cobblestone Lofts Condominium |
| 2022 NY Slip Op 00274 [201 AD3d 522] |
| January 18, 2022 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Shane McMahon et al., Respondents, v The Cobblestone Lofts Condominium, Appellant/Third-Party Plaintiff-Appellant, et al., Defendants. Nova Restoration of NY Inc. et al., Third-Party Defendants-Respondents, et al., Third-Party Plaintiff. (And a Third-Party Action.) |
Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Joseph A. H. McGovern of counsel), for appellant.
GordonLaw LLP, Katonah (Michael R. Gordon of counsel), for Shane McMahon and Marissa McMahon, respondents.
Order, Supreme Court, New York County (Paul A. Geotz, J.), entered on or about April 20, 2020, which, to the extent appealed from as limited by the briefs, denied defendant-appellant's motion for summary judgment on the affirmative defense of failure of consideration, unanimously affirmed, without costs.
To the extent defendant seeks rescission of the parties' contract, the court properly found that defendant failed to show that it lacked an adequate remedy at law (see generally Rudman v Cowles Communications, 30 NY2d 1, 13 [1972]).
We have considered defendant's remaining arguments and find them unavailing. Concur—Renwick, J.P., Webber, Oing, Scarpulla, Pitt, JJ.