2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 30 - (3001 - 3045) REMEDIES AND PLEADING
3002 - Actions and relief not barred for inconsistency.

 
    §  3002.  Actions  and relief not barred for inconsistency. (a) Action
  against several persons. Where causes of action  exist  against  several
  persons,  the  commencement  or maintenance of an action against one, or
  the recovery against one of a judgment which is unsatisfied,  shall  not
  be  deemed  an  election  of  remedies  which bars an action against the
  others.
    (b) Action against agent and undisclosed principal.  Where  causes  of
  action  exist  against  an  agent  and  his  undisclosed  principal, the
  commencement or maintenance, after disclosure of the  principal,  of  an
  action  against  either,  or  the  recovery of a judgment against either
  which is unsatisfied, shall not be deemed an election of remedies  which
  bars an action against the other.
    (c)  Action  for  conversion  and  on contract. Where causes of action
  exist against several persons for the conversion of  property  and  upon
  express  or  implied  contract,  the  commencement  or maintenance of an
  action against one, or the recovery against one of a judgment  which  is
  unsatisfied,  either  for the conversion or upon the contract, shall not
  be deemed an election of remedies  which  bars  an  action  against  the
  others either for the conversion or upon the contract.
    (d)  Action  on contract and to reform. A judgment denying recovery in
  an action upon an agreement in writing shall not be  deemed  to  bar  an
  action to reform such agreement and to enforce it as reformed.
    (e) Claim for damages and rescission. A claim for damages sustained as
  a  result  of fraud or misrepresentation in the inducement of a contract
  or other transaction, shall not be deemed inconsistent with a claim  for
  rescission  or  based  upon  rescission.  In an action for rescission or
  based upon rescission the aggrieved party shall  be  allowed  to  obtain
  complete  relief in one action, including rescission, restitution of the
  benefits, if any, conferred by him as a result of the  transaction,  and
  damages   to   which   he   is   entitled   because  of  such  fraud  or
  misrepresentation;  but  such  complete   relief   shall   not   include
  duplication of items of recovery.
    (f)  Vendee's  lien  not to depend upon form of action. When relief is
  sought, in an action or by way of defense or counterclaim, by  a  vendee
  under an agreement for the sale or exchange of real property, because of
  the  rescission, failure, invalidity or disaffirmance of such agreement,
  a vendee's lien upon the property shall not be denied merely because the
  claim is for rescission, or  is  based  upon  the  rescission,  failure,
  invalidity or disaffirmance of such agreement.