State Codes and Statutes

Statutes > New-york > Ucc > Article-2-a > Part-5 > 2-a-505

Section 2-A-505. Cancellation    and    Termination    and   Effect   of                     Cancellation, Termination, Rescission,  or  Fraud  on                     Rights and Remedies.    (1)  On  cancellation  of the lease contract, all obligations that are  still executory on both sides are discharged, but  any  right  based  on  prior  default  or  performance  survives, and the cancelling party also  retains any remedy for default  of  the  whole  lease  contract  or  any  unperformed balance.    (2)  On  termination  of  the lease contract, all obligations that are  still executory on both sides are discharged  but  any  right  based  on  prior default or performance survives.    (3)  Unless  the  contrary  intention  clearly appears, expressions of  "cancellation," "rescission," or the like of the lease contract may  not  be  construed as a renunciation or discharge of any claim in damages for  an antecedent default.    (4) Rights  and  remedies  for  material  misrepresentation  or  fraud  include  all  rights  and  remedies  available  under  this  Article for  default.    (5) Neither rescission  nor  a  claim  for  rescission  of  the  lease  contract  nor  rejection  or  return  of  the goods may bar or be deemed  inconsistent with a claim for damages or other right or remedy.

State Codes and Statutes

Statutes > New-york > Ucc > Article-2-a > Part-5 > 2-a-505

Section 2-A-505. Cancellation    and    Termination    and   Effect   of                     Cancellation, Termination, Rescission,  or  Fraud  on                     Rights and Remedies.    (1)  On  cancellation  of the lease contract, all obligations that are  still executory on both sides are discharged, but  any  right  based  on  prior  default  or  performance  survives, and the cancelling party also  retains any remedy for default  of  the  whole  lease  contract  or  any  unperformed balance.    (2)  On  termination  of  the lease contract, all obligations that are  still executory on both sides are discharged  but  any  right  based  on  prior default or performance survives.    (3)  Unless  the  contrary  intention  clearly appears, expressions of  "cancellation," "rescission," or the like of the lease contract may  not  be  construed as a renunciation or discharge of any claim in damages for  an antecedent default.    (4) Rights  and  remedies  for  material  misrepresentation  or  fraud  include  all  rights  and  remedies  available  under  this  Article for  default.    (5) Neither rescission  nor  a  claim  for  rescission  of  the  lease  contract  nor  rejection  or  return  of  the goods may bar or be deemed  inconsistent with a claim for damages or other right or remedy.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Ucc > Article-2-a > Part-5 > 2-a-505

Section 2-A-505. Cancellation    and    Termination    and   Effect   of                     Cancellation, Termination, Rescission,  or  Fraud  on                     Rights and Remedies.    (1)  On  cancellation  of the lease contract, all obligations that are  still executory on both sides are discharged, but  any  right  based  on  prior  default  or  performance  survives, and the cancelling party also  retains any remedy for default  of  the  whole  lease  contract  or  any  unperformed balance.    (2)  On  termination  of  the lease contract, all obligations that are  still executory on both sides are discharged  but  any  right  based  on  prior default or performance survives.    (3)  Unless  the  contrary  intention  clearly appears, expressions of  "cancellation," "rescission," or the like of the lease contract may  not  be  construed as a renunciation or discharge of any claim in damages for  an antecedent default.    (4) Rights  and  remedies  for  material  misrepresentation  or  fraud  include  all  rights  and  remedies  available  under  this  Article for  default.    (5) Neither rescission  nor  a  claim  for  rescission  of  the  lease  contract  nor  rejection  or  return  of  the goods may bar or be deemed  inconsistent with a claim for damages or other right or remedy.