CPLR 3004 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 3003 Action for periodic payments due under pension or retirement contract no bar to action for future installments up ARTICLE 30 Remedies and Pleading next SECTION 3005 Relief against mistake of law Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 3004 Where restoration of benefits before judgment unnecessary Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 30 § 3004. Where restoration of benefits before judgment unnecessary. A party who has received benefits by reason of a transaction that is void or voidable because of fraud, misrepresentation, mistake, duress, infancy or incompetency, and who, in an action or by way of defense or counterclaim, seeks rescission, restitution, a declaration or judgment that such transaction is void, or other relief, whether formerly denominated legal or equitable, dependent upon a determination that such transaction was void or voidable, shall not be denied relief because of a failure to tender before judgment restoration of such benefits; but the court may make a tender of restoration a condition of its judgment, and may otherwise in its judgment so adjust the equities between the parties that unjust enrichment is avoided.