Sciuto v. Iannucci Food Corp.

Full title: ALFIO SCIUTO et al., Respondents, v. IANNUCCI FOOD CORP. et al., Appellants

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

Date published: Sep 18, 1995

219 A.D.2d 635 (N.Y. App. Div. 1995)

631 N.Y.S.2d 533

Opinion

September 18, 1995

Appeal from the Supreme Court, Nassau County (Yachnin, J.).

Ordered that the appeal of the defendant Francesco Iannucci is dismissed, without costs or disbursements, since he is not aggrieved by the portion of the judgment appealed from (see, CPLR 5511); and it is further,

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Failure of consideration gives an aggrieved party the right to rescind a contract (see, 6 Williston, Contracts § 814, at 10 [3d ed 1961]; see also, Fugelsang v Fugelsang, 131 A.D.2d 810, 812). The failure of consideration on the part of the appellants warrants rescission of the contract of sale in this case.

The appellants' remaining contentions are without merit. O'Brien, J.P., Pizzuto, Joy and Florio, JJ., concur.