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G & G INVESTMENTS, INC. v. REVLON CONSUMER PRODUCTS CORPORATION

283 A.D.2d 253 (2001)

724 N.Y.S.2d 411

G & G INVESTMENTS, INC., et al., Appellants, v. REVLON CONSUMER PRODUCTS CORPORATION, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 15, 2001.

Plaintiffs decided not to complete testing of the equipment before signing an agreement that included a specific and express representation that they evaluated the entire system and its adequacy for their purposes. This was a failure of ordinary care that precludes plaintiffs' demand for rescission, whether the basis is mutual mistake (see, Williamson Cent. School Dist. v E & L Piping, 261 A.D.2d 937, 938, lv denied 93...

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