{"jurisdiction": "us-ny", "code": "cplr", "section": "3004", "citation": "CPLR § 3004", "heading": "Where restoration of benefits before judgment unnecessary", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/3004", "from_official_api": true, "plain_english": "A party seeking **rescission/restitution** for a void/voidable transaction (fraud, mistake, duress, infancy, incompetency, etc.) is **not denied relief for failing to give back the benefit before judgment.** ★ The court may make tender-of-restoration a **condition of its judgment** and adjust equities to avoid unjust enrichment.", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/3004", "publisher": "Elyphived LLC"}