2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 30 - (3001 - 3045) REMEDIES AND PLEADING
3004 - Where restoration of benefits before judgment unnecessary.

 
    §  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.